Amendments to the Extradition Act 1965 to apply the provisions of the 1957 Council of Europe Convention on Extradition
One of the key issues identified by the Department of Justice and Equality, in the context of a no deal Brexit, is to ensure that effective extradition arrangements are maintained between Ireland and the UK. In that regard it is proposed to apply the provisions of the 1957 Council of Europe Convention on Extradition to extradition between Ireland and the UK by way of Statutory Instrument
– a “Part II” Order made in accordance with section 8 of the Extradition Act 1965. This will necessitate an amendment to the Extradition Act 1965 to ensure that the current arrangement for the extradition of citizens between Ireland and the UK, which exists under the European Arrest Warrant
system, continues to apply.
Head 1
Amendment to section 14 (Irish citizens) of the Extradition Act 1965
Provide for: an amendment to section 14 of the Extradition Act 1965 to enable extradition of Irish citizens on a reciprocal basis.
Explanatory Note:
It is proposed to apply the provisions of the 1957 Council of Europe Convention on Extradition to extradition between Ireland and the UK by way of Statutory Instrument – a “Part II” Order made in accordance with section 8 of the Extradition Act 1965.
The amendment to section 14 of the 1965 Act will ensure that the current reciprocal arrangement in relation to extradition of citizens continues as the UK already extradites, and proposes to continue to extradite, its citizens.
Head 2
Provide for: the inclusion of a new provision (Electronic transmission of documents), along the lines of section 23A (Facsimile transmission of documents), to allow transmission of supporting documents for a request for extradition by electronic means.
Explanatory Note:
This Head provides for the transmission of documents supporting a request for extradition under the 1957 Convention by modern means of communication.
Head 3 – Commencement
Provide for the commencement of the Part on the lines of the following –
This Part shall come into operation on such day or days as the Minister for Justice and Equality may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.