Extradition Act 1965 (Application of Part II) (Amendment) Order 2005

• Date: 14 July 2005
• Statutory Instrument No.: 374/2005

WHEREAS, by the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17th day of December 1979 (referred to subsequently in these recitals as the “Hostages Convention”, and the terms of which are set out in Part A of Schedule 7G of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(b) of, and Schedule 1 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Hostages Convention was acceded to on behalf of the State on the 30th day of June 2005;

AND WHEREAS the Hostages Convention has also been ratified, or acceded to, by the countries specified in the Table to Schedule 10 to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(n) of, and Schedule 6 to this Order) subject to the reservations entered, and the declarations made, by certain of the countries concerned specified in Part B of the said Schedule 7G;

AND WHEREAS, by the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14th day of December 1973 (referred to subsequently in these recitals as the “Convention on Crimes against Internationally Protected Persons”, and the terms of which are set out in Part A of Schedule 7H to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(c) of, and Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Crimes against Internationally Protected Persons was acceded to on behalf of the State on the 30th day of June 2005;

AND WHEREAS the Convention on Crimes against Internationally Protected Persons has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7H;

AND WHEREAS, by the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15th day of December 1997 (referred to subsequently in these recitals as the “Convention on Terrorist Bombings”, and the terms of which are set out in Part A of Schedule 7I to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(d) of, and Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Terrorist Bombings was ratified on behalf of the State on the 30th day of June 2005;

AND WHEREAS the Convention on Terrorist Bombings has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7I;

AND WHEREAS, by the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9th day of December 1999 (referred to subsequently in these recitals as the “Convention on Financing Terrorism”, and the terms of which are set out in Part A of Schedule 7J to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(e) of, and Schedule 4 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Financing of Terrorism was ratified on behalf of the State on the 30th day of June 2005;

AND WHEREAS the Convention on Financing of Terrorism has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7J;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 ), certain additional reservations have been entered to the European Convention on Extradition, done at Paris on the 13th day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded at Vienna on the 20th day of December 1988, the European Convention on the Suppression of Terrorism done at Strasbourg on the 27th day of January 1977, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on the 10th day of December 1984, the Convention on the Safety of United Nations and Associated Personnel, done at New York on the 9th day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) and the Criminal Law Convention on Corruption, done at Strasbourg on the 27th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”), the texts of which are set out in Part C of Schedule 1, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )), Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )) and Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment Order 2003 ( S.I. No. 479 of 2003 )) of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 5 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 ), certain additional declarations have been made in relation to the Paris Convention, the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16th day of December 1970 the Convention on the Safety of UN Personnel and the Convention on Corruption, the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 7B and Part B of Schedule 7D to the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 5 to, this Order);

NOW I, Dermot Ahern, T.D., Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (amended by section 49 the European Arrest Warrant Act 2003 (No.45 of 2003)) of the Extradition Act 1965 (No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby order as follows: 1. (1) This Order may be cited as the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005.

(2) This Order shall come into operation on 15 July 2005. 2. The Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended) is amended by -

(a) the insertion of the following paragraph after paragraph (4) of Article 3 (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 )):

“(5) Part II of the Act of 1965 shall apply in relation to Italy where the offence concerned was committed or alleged to have been committed before 7 August 2002.”;

(b) the insertion of the Schedule set out in Schedule 1 to this Order,

(c) the insertion of the Schedule set out in Schedule 2 to this Order,

(d) the insertion of the Schedule set out in Schedule 3 to this Order,

(e) the insertion of the Schedule set out in Schedule 4 to this Order,

(f) the insertion, in Part C of Schedule 1, of the reservation and declarations set out in Part A of Schedule 5 to this Order,

(g) the insertion, in Part B of Schedule 2, of the declaration set out in Part B of Schedule 5 to this Order,

(h) the insertion, in Part B of Schedule 6, of the reservations set out in Part C of Schedule 5 to this Order,

(i) the insertion, in Part B of Schedule 7, of the reservation set out in Part D of Schedule 5 to this Order,

(j) the insertion, in Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservations and declaration set out in Part E of Schedule 5 to this Order,

(k) the insertion, in Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservation and declaration set out in Part F of Schedule 5 to this Order,

(l) The insertion, in Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )) of the reservation and declaration set out in Part G of Schedule 5 to this Order,

(m) the insertion in paragraph 1(1) of Schedule 10 of the following definitions:

“ ‘Hostages Convention’ means the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17th day of December 1979;

‘Convention on Crimes against Internationally Protected Persons’ means the International Convention on the Prevention and Punishment of Crimes...