Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the points raised by Deputy Ó Laoghaire and advise the House that in this Bill we are dealing with a no-deal scenario which would be the worst outcome of Brexit. We are dealing with what I describe as a catastrophic no-deal Brexit across a range of areas. As has been said numerous times, all sides of the House hope this legislation will not need to be relied on. It is in that context that I acknowledge Deputy Ó Laoghaire's remarks. I note the Deputy's references to various Conservative Party manifestoes under different leaders while in opposition and in government. It would not be helpful to speculate further, but I am satisfied that there is no imminent plan on the part of the British Government to depart from the European Convention on Human Rights.

It is important for us to deal with the possibility of a no-deal scenario rather than entering into the realm of speculation. That said, I listened carefully to what Deputy Ó Laoghaire said and of course, in the event of there being a sudden change, this House would be happy to have an appropriate engagement. At that stage, I would welcome, as always, the contribution of Deputy Ó Laoghaire but dealing with the here and now, the pre-29 March situation, I acknowledge the hope that agreement will be reached between the European Union and the United Kingdom.

One of the key issues identified is to ensure that there are effective extradition arrangements between Ireland and the UK in the event of a no-deal scenario. The European arrest warrant will no longer apply to the UK and at 11 p.m. on 29 March, persons detained on foot of such a warrant would be released. It is critical, therefore, that extradition provisions are in place immediately following the UK's departure from the EU, at 11.01 p.m. or as soon as possible thereafter. Following detailed examination of the options available for extradition arrangements in the event of a no-deal Brexit, the optimum solution is to apply the 1957 Council of Europe convention on extradition to which both Ireland and the UK are parties. While I readily accept that the extradition procedure under the convention is neither as effective nor as efficient as that under the European arrest warrant, as I am sure Deputies will agree, the convention is the best means by which we can provide a workable solution. The intention would be to legislate for and move towards an extradition arrangement with the UK that is similar to the European arrest warrant. I acknowledge that there are differences between the surrender procedures under the European arrest warrant and the extradition procedure under the convention. The 1965 Act, for example, does not permit extradition of own nationals unless the relevant extradition provisions otherwise provide. The Attorney General has advised that clear provision should be made in section 14 of that Act so that the ban on extradition of own nationals should not apply to Irish citizens in reciprocal circumstances where requesting states also extradite their own citizens. Section 14 of the 1965 Act is being amended here to ensure that the current European arrest warrant arrangement in relation to extradition of own citizens continues and that, in applying the provisions of the convention, extradition of an Irish citizen will be permitted on the basis of there being a reciprocal arrangement, where the law of the requesting country does not prohibit the surrender of its citizens. The UK has already indicated that it intends to continue to extradite its citizens after Brexit and while I acknowledge the points made by Deputy Ó Laoghaire, I would suggest that they are best dealt with when the circumstances as outlined by the Deputy arise in the future, although I do not envisage that happening.

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