Seanad debates

Wednesday, 13 March 2019

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Committee and Remaining Stages

 

11:30 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

The Act provides for further safeguards, with a number of mandatory grounds for refusal. As the House knows, each and every extradition request is dealt with by the High Court on a case by case basis. All aspects of a request are considered carefully before an extradition order is either granted or refused. As part of that consideration, the court will consider human rights and fundamental freedoms. It has jurisdiction to release a person sought for extradition if it believes he or she would not face a fair trial or his or her human or fundamental rights would not be respected if extradited. Ultimately, it is the Irish courts which are the most effective protector of human and fundamental rights, as has been proved on numerous occasions when requests for extradition orders have been refused. In the event that a country decides to leave the convention, that development would have to be taken into account by the court in considering an extradition request from that country. I think that answers the question. Ultimately, the High Court will judge whether the extradition request could, if granted, result in a person returning to inappropriate circumstances.

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