Pa Daly (Kerry, Sinn Fein) | Oireachtas source

Organised crime and its leaders should not enjoy impunity anywhere in the world. Such figures obviously attempt to keep moving to evade international justice, but the Emirates has good connections with the west and the east. It has a large diaspora and English is widely spoken. I visited it myself. My wife worked there a number of years ago. It has therefore been an ideal country in that part of the world for certain figures to do business in. Even if they are forced to move on, it is unlikely that their operations will not be somewhat disrupted. Some good work has been done recently by An Garda Síochána and it is to be commended for the ongoing co-operation with European, Middle Eastern and American counterparts. The Government has brought this proposal before us. That it is happening in the last week of this Dáil is a disappointment. The lack of any intent to move reforms on the Offences Against the State Act is also to be considered, and why that has not been done despite the annual votes.

An important aspect to consider when adjudicating on this extradition treaty is how justice functions within the UAE. Amnesty International has had some criticisms about the rights to freedom of expression and peaceful assembly in that country. Its report says the Abu Dhabi judicial department had a social media slogan saying that your freedom stops at the boundary of the law and there are 15-year prison sentences for damaging the reputation or prestige of the President, for example. Human Rights Watch has also had criticism in its country report on the UAE. It states that, "As of March 2023, Emirati authorities continued to incarcerate with no legal basis at least 51 Emirati prisoners who completed their sentences between 1 month and nearly 4 years ago."

Closer to home, we had the case of Tori Towey, the Roscommon woman who was detained for certain offences that are not criminal offences here. I commend my party colleagues, na Teachtaí Kerrane and McDonald, who were active on that case. Ms Towey was eventually released.

Two things need to be borne in mind, the need to end safe havens for serious criminals and the safeguards that govern extradition. On safeguards, there is a requirement, as the Minister stated, for dual criminality, namely that people are charged with an offence that is punishable by imprisonment in Ireland and in the other country for at least a year. The offence must be the same in the two countries and people may not be extradited if they will be held in custody for the purpose of investigation, notwithstanding that there are concerns about other types of offences and the whole criminal justice system in UAE. The applications must be made to the High Court and as Mr. Alan Eustace put it in the Trinity College Law Review:

The extradition hearing in the High Court is not concerned with the guilt or innocence of the person; the judge must issue the extradition order once she is satisfied that Ireland has an extradition agreement or treaty with the requesting country and that the request is made in keeping with the 1965 Act and such an agreement.

According to the briefing paper which was provided by the Department, there are additional safeguards in this situation which cover protected characteristics including the death penalty, as the Minister indicated; torture or cruel, inhuman or degrading treatment; and other relevant assurances, which are just as critical for campaigners worried about Irish citizens fleeing abusive relationships in the UAE and coming home. It will not be permitted to extradite Irish citizens to the UAE, or Emirati citizens to Ireland, in these circumstances under the terms of the treaty. There is mutual trust and confidence when Ireland enters into an extradition agreement with another country but it is important to ensure that such trust can be counted on. Therefore some restrictions are appropriate to see how the extradition requests develop in the future.

The briefing note also notes there are safeguards around human rights. We would ideally see more assurances in this area as it is vital that the relevant assurances are given, for example about the imposition of the death penalty, which still applies in the UAE. There should also be appropriate assurances about prison conditions in that country and the right to a fair trial. I note the reference to assurances about torture or degrading treatment, but it would be better to have more information on the list of issues referred to in the extradition treaty. It is a basic proposition that Ireland will not extradite someone if there will be a flagrant denial of justice in another country. That was the phrase used by the Supreme Court in recent case law. It is a high threshold for people opposing extradition to prove they would suffer a flagrant denial of justice in the requesting country. Notwithstanding that, given the history of some trial procedures in parts of the Middle East, as outlined in the Amnesty International and Human Rights Watch reports, it is vital this is protected. It is possible to envisage persons whose extradition is sought to the UAE challenging these issues in the courts.

It is also important that if people are extradited, they are not subject to rendition, transfer to another country, without permission first being sought from Ireland. There have been some difficulties with this in the past and the briefing note does not refer to that. Will the Minister expand on the rendition aspect?

On balance, the need for international co-operation in tackling crime gangs who themselves collaborate across borders and all around the globe and the fact that this is an area governed heavily by legal precedent within the State's control means Sinn Féin will be supporting this treaty.

A final note refers to the measures on mutual legal assistance contained in the treaty. The Government states the measures can be taken on and this is another direct quote: "any form of co-operation that is not contrary to national law". There are issues that will, unlike extradition requests, not be governed by the courts on a case-by-case basis. Perhaps the national security examiner might have a role to play in relation to these. If there are any further points to be made by the Government on this matter, we would like to hear them.

All that said, we support this motion and hope that continuing strides which are being made against organised crime and worldwide criminal gangs will continue.

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