STATUTORY INSTRUMENTS

S.I. No. 649 of 2003

EXTRADITION ACT 1965 (APPLICATION OF PART II) (AMENDMENT) (No.2) ORDER 2003

WHEREAS the Government have made an arrangement (within the meaning of section 8(2) of the Extradition Act 1965 ( No. 17 of 1965 )) with the Government of the Kingdom of Spain by means of an exchange of letters dated the 13^th day of February 2003 and the 21^st day of February 2003 (the terms of which are set out in Part E of Schedule 1 (inserted by Article 3(c) of, and the Schedule to, this Order) of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 )) supplementing the terms of the European Contention on Extradition done at Paris on the 13^th day of December, 1957 (the terms of which are set out in Part A of the said Schedule 1), in so far as it applies as between the State and the Kingdom of Spain, whereby Ireland and the Kingdom of Spain shall not refuse a request for extradition on the grounds that the person whose extradition is being sought is a national of the requested country;

NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act 1965 ( No. 17 of 1965 ), hereby make the following order:

1.         (1)       This Order may be cited as the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2003.

(2)       The Order shall come into operation on the 19^th day of November 2003.

2.         In this Order “the Principal Order” means the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ).

3.         The Principal Order is amended by -

(a)        the insertion in Article 3 of the following paragraph:

“(2)      In applying Part II of the Act of 1965 to the Kingdom of Spain, the State shall not refuse a request for extradition on the grounds that the person whose extradition is being sought is a citizen of Ireland.”,

(b)        the insertion of the following Article:

“4A      It is hereby declared that the Government have made an arrangement, within the meaning of section 8(2) of the Act of 1965 by an exchange of letters dated the 13^th day of February 2003 and the 21^st day of February 2003 (the terms of which are set out in Part E of Schedule 1 (inserted by Article 3(c) of, and the Schedule to, the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2003)), amending the terms of the Paris Convention, in so far as it applies as between the State and the Kingdom of Spain, whereby the State and the Kingdom of Spain shall not refuse a request for extradition on the grounds that the person whose extradition is being sought is a national of the requested country.”, and

(c)        the insertion, in Schedule 1, of the Part set out in the Schedule to this Order.

SCHEDULE

“PART E

Madrid, 13 February 2003

H.E. Ana Palacio Vallelersundi

Minister for Foreign Affairs

Spain

Your Excellency,

I have the honour to refer to the European Convention on Extradition, signed in Paris on 13 December 1957, which was ratified by Ireland on 2 May 1966 and by Spain on 7 May 1982.

The Government of Ireland proposes that, in applying the European Convention on Extradition between our two countries, Spain and Ireland shall not refuse a request for extradition on the basis that the person whose extradition is being sought is a national of the requested country. The term “national” shall have the meaning assigned to it in the respective Declarations made by Spain and Ireland in accordance with article 6.1(b) of the European Convention on Extradition.

If the foregoing is acceptable to your Excellency's Government, I have the honour to propose that this Note, together with your Excellency's reply concurring therein shall constitute an Agreement between our two Governments which shall supplement the terms of the European Convention on Extradition and which shall enter into force when the States notify each other of compliance with the internal procedures required for the conclusion of International Treaties.

Please accept, your Excellency, the assurances of my highest consideration.

Declan O'Donovan

Ambassador of Ireland

H.E. Declan O'Donovan

Ambassador of Ireland

Madrid, Spain

Your Excellency,

I have the honour to refer to Your Excellency's Note Verbale of 13 February 2003 which states:

“Madrid, 13 February 2003

H.E. Ana Palacio Vallelersundi

Minister for Foreign Affairs

Spain

Your Excellency,

I have the honour to refer to the European Convention on Extradition, signed in Paris on 13 December 1957, which was ratified by Ireland on 2 May 1966 and by Spain on 7 May 1982.

The Government of Ireland proposes that, in applying the European Convention on Extradition between our two countries, Spain and Ireland shall not refuse a request for extradition on the basis that the person whose extradition is being sought is a national of the requested country. The term “national” shall have the meaning assigned to it in the respective Declarations made by Spain and Ireland in accordance with article 6.1(b) of the European Convention on Extradition.

If the foregoing is acceptable to your Excellency's Government, I have the honour to propose that this Note, together with your Excellency's reply concurring therein shall constitute an Agreement between our two Governments which shall supplement the terms of the European Convention on Extradition and which shall enter into force when the States notify each other of compliance with the internal procedures required for the conclusion of International Treaties.

Please accept, your Excellency, the assurances of my highest consideration.

Declan O'Donovan

Ambassador of Ireland”

In reply to the above, I am happy to confirm that the proposal described above is acceptable to the Government of Spain and that your Note and this reply shall constitute an Agreement between the two countries which will enter into force when the States notify each other of compliance with the internal procedures required for the conclusion of International Treaties.

I avail of this occasion to renew to your Excellency the assurance of my highest consideration.

Madrid, 21 February 2003

H.E. Ana Palacio Vallelersundi

Minister for Foreign Affairs”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to amend the Extradition Act 1965 (Application of Part II) Order 2000 by applying the provisions of Part II of the enabling Act to Irish nationals whose extradition is sought by Spain pursuant to an international agreement between the State and Spain in relation to the extradition of own nationals wherein each State agreed that it shall not refuse a request for extradition on the basis that the person whose extradition is being sought is a national of the requested State.