§ 23. Mr. MackinlayTo ask the Attorney-General if he will make a statement on his role in the case of the extradition and prosecution of Brendan Smyth.
§ The Attorney-General (Sir Nicholas Lyell)On 4 May 1993 I provided the Irish Attorney-General with the usual documentation in support of a request for the extradition of Father Brendan Smyth. Father Smyth subsequently returned voluntarily to Northern Ireland, appeared in court on 21 January 1994 and was later sentenced to four years imprisonment for offences of child abuse.
§ Mr. MackinlayWill the Attorney-General explain why Cardinal Cahal Daly, in his detailed statement, 448 reported that Brendan Smyth had been interviewed by the Royal Ulster Constabulary early in 1990 in connection with child abuse complaints, that the priest had admitted wrongdoing, but was not arrested? Why did it take from then until early 1993 for the Attorney-General to seek his arrest and extradition and why did not he press with his opposite number in Dublin for an early extradition following that notice being served on the Garda?
§ The Attorney-GeneralTo take the second part of the hon. Gentleman's question first, as the hon. Gentleman knows since his holiday in Ireland and his 25 questions to the House on this subject, officials in my Department did press on three occasions, in September, October and November 1993. Returning to the earlier time, however, there were indeed investigations by the Royal Ulster Constabulary in 1990 and 1991 and into 1992. It was hoped and expected at that time that Brendan Smyth would present himself for arrest in Northern Ireland. That did not take place and it then became necessary to prepare the extradition papers. Further events or suspicions of criminality arose in early 1993.
§ Mr. Peter BottomleyWill my right hon. and learned Friend confirm that when I tabled a question on these matters he referred me to the answers that he had already given to the hon. Member for Thurrock (Mr. Mackinlay) and that the information has been published in Dublin and elsewhere on several occasions when my right hon. and learned Friend's office pushed for the extradition papers to be processed? Will he also confirm that it is quite normal, in sad cases like this, for the priest, minister or vicar concerned to make himself available to the police, and that it is rare for the person concerned to go outside the jurisdiction?
§ The Attorney-GeneralOn both points, I confirm what my hon. Friend has said. There was a real expectation, or at least a real hope, that Brendan Smyth would make himself available in the early stages. As for the detail of the matter, those who wish to read it can do so in extenso in the papers referred to by my hon. Friend.
§ Mr. TrimbleThe Attorney-General referred to the reminders that were sent by his office to the Irish on a monthly basis. Were they just reminders, or did they actually press for action? If it was the latter, what response was received from the Irish authorities? What did the official in Dublin, who we are told was dealing with the matter, say to the Attorney-General? Did the Irish at any stage raise technical legal objections? Did they at any stage refer to the earlier Duggan case?
§ The Attorney-GeneralAgain, the hon. Gentleman can read about that in great detail. They were actually personal representations by my office to the office of the Irish Attorney-General.
§ Madam SpeakerI call Mr. Anderson.
§ Mr. Donald AndersonThe key charge against the Attorney-General in this matter is that he was so laid back as to be horizontal in respect of what is a very grave matter. Can he confirm that, in the eight months between April 1993 and January 1994, when Mr. Smyth, or Father Smyth, voluntarily surrendered himself to the Northern Irish authorities, no action had been taken by the Irish Government? Did the right hon. and learned Gentleman not think that it was time for him to intervene personally? 449 How much longer after that eight months would he have allowed this grave matter to drag on without bothering to intervene himself?
§ The Attorney-GeneralI think that the hon. Gentleman, whom I welcome to his new post on the Opposition Front Bench, has spent more time on working out his question than on reading the background. He will discover that not only did I send the detailed statements of facts and law in May 1993, but that that was followed up by my Department, as I have said, in September, October and November 1993. There were also contacts through other offices and agencies involved. It was clear at the end of November 1993 that Brendan Smyth was likely to come back of his own accord. That was communicated to Dublin in December 1993, and the rest is history.
§ Madam SpeakerOrder. I was in fact calling Mr. Anderson to ask question No. 24. This is an example of how Front-Bench Members can sometimes have two bites at the cherry while Back Benchers do not get any of the cherry. I must now tell the hon. Member for Swansea, East (Mr. Anderson) that I assume that he has asked question No. 24 and a Back Bencher should have an opportunity.
§ Mr. AndersonI drop my earlier question.
§ Madam SpeakerThank you very much. I call Mr. Dowd. As he is not here, I call Mr. Cyril D. Townsend.