HC Deb 16 December 1997 vol 303 cc89-90W
Mr. McNamara

To ask the Secretary of State for the Home Department what submissions he has received from(a) the legal representatives of Roisin McAliskey and (b) others concerning her proposed extradition; and if he will make a statement. [20284]

Mr. Straw

Roisin McAliskey's solicitors submitted formal representations on 28 November 1997 asking me, exceptionally, either to reconsider the authority to proceed issued on 2 January 1997 or to take a final decision on surrender under section 12 of the Extradition Act 1989 before a decision is reached in the committal proceedings.

The Divisional Court ruled in 1994 that the Secretary of State does not have the power to reconsider an order to proceed (which would extend to an authority to proceed), once issued. Nor does section 12 of the Extradition Act 1989 allow me to take a decision, either to order return or, on the basis of my discretion contained in that section, to decide not to order return, until a decision on committal is taken by the magistrate.

I have agreed, without prejudice to a final decision by the courts on committal or my own on surrender, to start considering the representations put before me.

In respect of submissions from others, since Roisin McAliskey was arrested for the purposes of extradition on 26 November 1996, 7 Parliamentary Questions have been tabled: 16 letters from right hon. and hon. Members and 162 letters from members of the public have been received. One letter was handed in to the Home Office during a demonstration on 20 November and approximately 85 messages have been received via the Internet.