Extradition Act, 1965 (Application of Part Ii) Order, 2000

• Jurisdiction: Ireland
• Citation: IR SI 474/2000

To be made by the Government

WHEREAS by the European Convention on Extradition (the terms of which are set out in Part I of the First Schedule hereto), done at Paris on the 13th day of December, 1957 (referred to subsequently in these recitals as “the Paris Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 2 thereof;

AND WHEREAS the Paris Convention was ratified on behalf of the State on the 12th day of July, 1988, subject to the reservation and declarations specified in Part II of the said First Schedule;

AND WHEREAS the Paris Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the Table to the Tenth Schedule hereto subject to the reservations and declarations by certain of the countries concerned specified in Part III of the said First Schedule;

AND WHEREAS pursuant to Article 27.4 of the Paris Convention, the Government have made an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) with the Government of the Kingdom of the Netherlands by means of an exchange of letters dated the 27th day of July 1995, and the 4th day of December 2000 (the terms of which are set out in Part IV of the said First Schedule) extending that Convention to the places specified in the said Part IV;

AND WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part I of the Second Schedule hereto), done at the Hague on the 16th day of December, 1970 (referred to subsequently in these recitals as “the Hague Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Hague Convention was ratified on behalf of the State on the 14th day of November, 1975;

AND WHEREAS the Hague Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject, to the reservations and declarations by certain of the countries concerned specified in Part II of the said Second Schedule;

AND WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in Part I of the Third Schedule hereto), done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Montreal Convention was acceded to on behalf of the State on the 12th day of October, 1976;

AND WHEREAS the Montreal Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Third Schedule;

AND WHEREAS by the Protocol, done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Protocol” and the terms of which are set out in Part I of the Fourth Schedule hereto), to which the State is a party, an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) was made with the other countries that are parties to that Protocol whereby provisions supplementary to those of the Montreal Convention were adopted;

AND WHEREAS the Montreal Protocol was ratified on behalf of the State on the 26th day of July, 1991;

AND WHEREAS the Montreal Protocol has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fourth Schedule;

AND WHEREAS by the Convention on the Physical Protection of Nuclear Material (the terms of which are set out in Part I of the Fifth Schedule hereto), opened for signature at Vienna and New York on the 3rd day of March, 1980 (referred to subsequently in these recitals as “the Nuclear Material Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 7 thereof;

AND WHEREAS the Nuclear Material Convention was ratified on behalf of the State on the 6th day of September, 1991;

AND WHEREAS the Nuclear Material Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fifth Schedule;

AND WHEREAS by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the terms of which are set out in Part I of the Sixth Schedule hereto), concluded at Vienna on the 20th day of December, 1988 (referred to subsequently in these recitals as “the Drug Trafficking Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 3 thereof;

AND WHEREAS the Drug Trafficking Convention was ratified on behalf of the State on the 3rd day of September, 1996;

AND WHEREAS the Drug Trafficking Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Sixth Schedule;

AND WHEREAS by the European Convention on the Suppression of Terrorism (the terms of which are set out in Part I of the Seventh Schedule hereto) done at Strasbourg on the 27th day of January, 1977 (referred to subsequently in these recitals as “the Anti-Terrorism Convention”), to which the State is a party, an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) was made with the other countries that are parties to that Convention whereby certain offences would not, for the purposes of extradition, be treated as political offences;

AND WHEREAS the Anti-Terrorism Convention was ratified on behalf of the State on the 21st day of February, 1989;

AND WHEREAS the Anti-Terrorism Convention has also been ratified or acceded to by the countries specified in that regard in the said Table subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Seventh Schedule;

AND WHEREAS by the Treaty on Extradition between the State and Australia (the terms of which are set out in the Eighth Schedule hereto), done at Dublin on the 2nd day of September, 1985, (referred to subsequently in these recitals as “the Australian Treaty”), an arrangement was made with Australia for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the Australian Treaty were approved by Dáil Éireann by resolution passed by it on the 29th day of June, 1988;

AND WHEREAS by notes exchanged at Canberra on the 27th day of February, 1989, the State and Australia have, in accordance with the Australian Treaty, notified each other that their respective requirements for the entry into force of the Australian Treaty have been complied with;

AND WHEREAS by the Treaty on Extradition between the State and the United States of America (the terms of which are set out in the Ninth Schedule hereto), signed at Washington on the 13th day of July, 1983 (hereinafter referred to as “the United States Treaty”), an arrangement was made with the United States of America for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the United States Treaty were approved by Dáil Éireann on the 25th day of November, 1986;

AND WHEREAS the United States Treaty has been ratified on behalf of the State and of the United States of America and the instruments of ratification referred to therein were exchanged at Dublin on the 13th day of January, 1987;

AND WHEREAS it is intended accordingly to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), to each of the countries (other than the United Kingdom of Great Britain and Northern Ireland) specified in the said Table and to make declarations pursuant to section 8(2) of the said Act in relation to the said arrangements with the Government of the Kingdom of the Netherlands, the Anti-Terrorism Convention and the Protocol;

NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby make the following order with respect to which, pursuant to section 4 of that Act (inserted by Section 7 of the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 (No. 1 of 1987)), a draft has been laid before each House of the Oireachtas and a motion approving of the draft has been passed by each such House:

1. (1) This Order may be cited as the Extradition Act, 1965 (Application of Part II) Order, 2000.

(2) This Order shall...