§ Mr. StanbrookTo ask the Attorney-General what arrangements have been made(a) to comply with the terms imposed by the Irish Republic on the endorsement of British warrants under the Irish Extradition (Amendment) Act 1989 and (b) to comply with the Irish demand for formal adoption of the speciality rule in extradition arrangements between the United Kingdom and the Irish Republic.
§ The Attorney-GeneralThe effect of the Extradition (Amendment) Act 1987 in the Republic of Ireland is that a warrant issued in the United Kingdom can be backed for execution in the republic only if the Attorney-General in the republic is satisfied that there is a clear intention to prosecute the person, and that this intention is based on sufficient evidence. To enable the Attorney-General in the republic to discharge this duty, I have agreed that, in cases arising in England, Wales and Northern Ireland, I shall supply him with a certificate confirming the prosecuting authority's intention to prosecute, a statement detailing the facts of the case, and a statement of the relevant law. These documents are not required, however, if the person concerned has been ordered to stand trial following a consideration of the evidence by a judicial authority, since the relevant provisions of the 1987 Act do not apply to such a case.
There is no statutory speciality rule that applies to extradition arrangements between the United Kingdom and the republic. There is an agreement between the United Kingdom and the republic, however, which the Government have no plans to change and under which the consent of the requested state is required before charges, other than those for which the offender's return was ordered, may be substituted or added, save in the limited circumstances where the substituted offence is one for which the jury could enter an alternative verdict notwithstanding that the indictment contained only the charge for which his return was ordered.