Extradition Act 1965 (Application of Part Ii) (Amendment) Order, 2004

• Jurisdiction: Ireland
• Citation: IR SI 587/2004
• Year: 2004

WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988 (referred to subsequently in these recitals as the “Maritime Safety Convention”, and the terms of which are set out in Part A of Schedule 7E of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(a) of, and Part A of 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 Maritime Safety Convention was acceded to on behalf of the State on 10 September 2004;

AND WHEREAS the Maritime Safety Convention has also been ratified, or acceded to, by the countries specified in that regard in the Table to Schedule 10 of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(g) of, and Schedule 4 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 7E;

AND WHEREAS, by the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done at Rome on 10 March 1988 (referred to subsequently in these recitals as the “Fixed Platforms Protocol”, and the terms of which are set out in Part A of Schedule 7F of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(b) of, and Part A of Schedule 2 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Protocol for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Fixed Platforms Protocol was acceded to on behalf of the State on 10 September 2004;

AND WHEREAS the Fixed Platforms Protocol 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 7F;

AND WHEREAS, certain additional reservations have been entered to the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3 March 1980 (referred to subsequently in these recitals as “the Nuclear Material Convention”), the European Convention on the Suppression of Terrorism done at Strasbourg on 27 January 1977 (referred to subsequently in these recitals as “the Anti-Terrorism Convention”), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 (referred to subsequently in these recitals as “the Convention against Torture”), the Convention on the Safety of United Nations and Associated Personnel done at New York on 9 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 27 January 1999 (referred to subsequently in these recitals as “the Convention on Corruption”) since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 ), the texts of which are set out in Part B of Schedule 5, Part B of Schedule 7, Part C of Schedule 7A, Part B of Schedule 7B and Part B of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 3 to, this Order);

AND WHEREAS, certain additional declarations have been made in relation to the Nuclear Material Convention, the Anti-Terrorism Convention, the Convention against Torture, the Convention on the Safety of UN Personnel and the Convention on Corruption since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 ) the texts of which are set out in Part B of Schedule 5, Part B of Schedule 7, and Part B of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 3 to, this Order);

NOW I, Brian Cowen, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (as amended by section 49 of 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 2004.

(2) This Order comes into operation on 29 September 2004. 2. In this Order the “Principal Order” means the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ). 3. The Principal Order is amended by —

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

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

(c) the insertion, in Part B of Schedule 5, of the reservations and declarations specified in Part A of Schedule 3 to this Order,

(d) the insertion, in Part B of Schedule 7, of the reservations and declarations specified in Part B of Schedule 3 to this Order,

(e) the insertion, in Part C of Schedule 7A, of the reservations and declarations specified in Part C of Schedule 3 to this Order,

(f) the insertion, in Part B of Schedule 7B, of the reservations and declarations specified in Part D of Schedule 3 to this Order,

(g) the insertion, in Part B of Schedule 7D, of the reservations and declarations specified in Part E of Schedule 3 to this Order,

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

“Maritime Safety Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988;

‘Fixed Platforms Protocol’ means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done at Rome on 10 March 1988;”, and

(i) the substitution in Schedule 10 of the Table set out in Schedule 4 to this Order for the Table (inserted by Article 3 (m) of, and Schedule 4 to the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )).

SCHEDULE 1

“SCHEDULE 7E

PART A

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION

Adopted at Rome on the 10th day of March 1988

THE STATES PARTIES TO THIS CONVENTION,

HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,

RECOGNIZING in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,

DEEPLY CONCERNED about the world-wide escalation of acts of terrorism in all its forms, which endanger or take innocent human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings,

CONSIDERING that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation,

CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community as a whole,

BEING CONVINCED of the urgent need to develop international co-operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators,

RECALLING resolution 40/61 of the General Assembly of the United Nations of 9 December 1985 which, inter alia, “urges all States unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occupation, that may give rise to international terrorism and may endanger international peace and security”,

RECALLING FURTHER that resolution 40/61 “unequivocally condemns, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security”,

RECALLING ALSO that by resolution 40/61, the International Maritime Organization was invited to “study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures”,

HAVING IN MIND resolution A. 584(14) of 20 November 1985, of the Assembly of the International Maritime Organization, which called for development of measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews,

NOTING that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention,

AFFIRMING the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization,

AFFIRMING FURTHER...