This applies to extradition contracts because of the resulting legal costs and the transportation costs of out-of-court extraditeds. It would therefore be impossible for the government to conclude an extradition agreement with Colombia without the agreement of the D`il. This means that Ireland must have an agreement with the other country before someone can be extradited to or from Ireland. Specific delivery rules also apply in each country. Ireland, for example, does not allow the extradition of a criminal offence solely for the purposes of criminal justice. The challenge by James Gilliland, whose extradition was requested by the American authorities, was successful on the grounds that the treaty charged public funds and that, since his conditions had not been approved by the D il, as stipulated in Article 29.5.2 of the Constitution, the treaty was not valid in Ireland. Section 17 of the Treaty deals with costs and the Supreme Court has ruled that the expenses at issue – that is, the costs of translating documents, court proceedings and transporting persons – constituted a tax within the meaning of article 29 of the Constitution. The provisions of the treaty therefore require the agreement of the state before it can be linked and able to implement them. In accordance with this Supreme Court decision, I now ask the D to approve the terms of the treaty.
Until January 2004, all offences required double criminalization. This meant that you could only be extradited when you were prosecuted or sentenced to sentence in another state if the offences in question were offences within the meaning of the law of both states. Double jeopardy is no longer an extradition obligation between EU Member States for certain serious offences listed in the European Arrest Warrant Act 2003. If I look at the proposal before us today, I have to say, “This is where we are going to go back.” Today, he is being asked to save this pitiful coalition government from international commitments which they claim to have made on behalf of the Irish people, but whose unauthorized procedures are contrary to the Irish Constitution. We are faced with the scenario where the government is once again belatedly respecting the constitutional rights of the people and returning to the necessary ratification, given that it has already committed that country to conclude international agreements and has failed in its attempt to implement them. This type of political strategy is both ignorant and disrespectful. It seriously embarrasses the country at the international level. The case of Robert Trimboli was one of the most obvious examples of the government`s non-competence to extradition. Trimboli has been described as Australia`s most wanted man. His extradition was requested so that he could be charged with drug trafficking, murder and forgery.
