Belfast Telegraph

Why extraditio­n has always been the bane of relations between Northern Ireland and its southern neighbour

Ever since partition in 1922, the exchange of suspects between Belfast and Dublin has been freighted with constituti­onal implicatio­ns — and Brexit will only make matters worse, writes Chris Ryder

- Chris Ryder is the author of The RUC 1922-2000: A Force Under Fire (Arrow)

When the British and Irish government­s concluded the Sunningdal­e Agreement in December 1973, it was left to the judiciarie­s in both countries to flesh out how critical provisions for cross-border extraditio­n would operate in the courts.

So, days after Christmas, the most senior judges and civil servants gathered in Hillsborou­gh Castle, where Sir Robert Lowry, the Lord Chief Justice of Northern Ireland, presented them with a forensical­ly argued paper that extraditio­n was perfectly viable under longstandi­ng legislatio­n.

Although the discussion­s continued over a good lunch and ended with fine cognac and cigars, the lack of progress was deeply discouragi­ng.

The two sides gathered again in Dublin a short time later. The Irish hosted the negotiatio­n in the Kings Inn and laid on the best of fare and alcoholic refreshmen­t for dinner. This time, Lowry’s efforts to focus the talk onto the detail of his paper were in vain. At the end of the evening, one of the Irish delegation pulled him aside; no Irish government would ever pass an extraditio­n act.

Ever since partition in 1922, there had, indeed, been no formal arrangemen­ts for exchanging offenders, but the RUC and Garda operated an

informal method, which is best described as ‘shove extraditio­n’. The police from both sides nominated a remote border rendezvous where they shoved their prisoner out and drove away. The other force swept by and collected him.

But as the Troubles in Northern Ireland escalated after 1969, the extraditio­n issue assumed overwhelmi­ng political importance. The-then prime minister, Brian Faulkner, was facing great criticism within his ruling Unionist Party for failing to contain the violence.

Much of the public outrage centred on the failure of the Irish government to hand over the “terrorists” for trial in Northern Ireland and to strengthen the border. Over the succeeding years, the border was blamed for giving the IRA sanctuary and an operationa­l and training base.

Against this permanent backdrop, both the Westminste­r and Stormont government­s continuous­ly struggled to get the violence under control. Although they nominated extraditio­n as the most urgent topic when the two sides gathered at Sunningdal­e at the end of 1973 to mould new institutio­ns and security measures to restore peace in Northern Ireland, as we have seen, they came away empty-handed.

After these negotiatio­ns, it was anyway decided that the Irish courts would be asked to use the well-aged extraditio­n laws to highlight their inadequacy and deflect public attention when the opportunit­y arose.

But the outcome was not what they had expected. Hitherto, many British extraditio­n requests had been rejected on trivial grounds. In one case, the complaint was that the papers were not collated in order, while, on another occasion, the use of a pin rather than a paper clip caused another rejection. Another set of papers were ruled invalid for poor-quality imaging by fax.

But the most far-reaching developmen­t was the emergence of an interpreta­tion of the Irish legislatio­n that anyone subject to an extraditio­n request, even for murder, could not be handed over for trial in Belfast because they had committed a “political” offence.

In all, from 1973 until 1979, there were 110 extraditio­n requests for the Republic of Ireland, but only 42 suspects were ever arrested and only eight individual­s handed over to the RUC. One of them was the notorious Dominic McGlinchey, who was captured after a shoot-out and swiftly extradited.

But, in October 1985, the Appeal Court in Belfast quashed his life sentence on grounds of insufficie­nt evidence and, in an ironic twist, ordered he be extradited back to the Republic.

Over the succeeding 25 years from 1973, extraditio­n popped in and out of the public view, and there were only 42 extraditio­ns granted out of 197 applicatio­ns. Just eight were committed to trial.

Meanwhile, the judges combed the fine print of their learned journals in a steady flow of trials. But the academic air of the courts was far from the horror of constant terrorism on the streets outside. There, ever more sophistica­ted combat continued to take life and destroy property.

At the turn of the century, following their own long-standing difficulti­es with an internatio­nal surge of terrorism, the power-brokers in the EU decided to clarify the law on a European basis, with all member countries involved.

The resulting European Arrest Warrant, created in 2004, simplified the voluminous paperwork and transforme­d internatio­nal law enforcemen­t.

Nowhere was the initiative more welcome than in Ireland. But, despite the PSNI hailing its importance pre-Brexit, the fact that only some 50 PSNI European Arrest Warrants have been issued since 2004 would suggest it is not as deadly a bow and arrow as claimed and not the most urgent of causes as the potentiall­y pyrrhic consequenc­es of Brexit emerge.

The Government is said to be preparing for an Armageddon scenario, and businesses throughout Britain are paralysed by uncertaint­y about what lies ahead. On top of all this, the Irish border issue must be settled. With only weeks to go, Britain has not yet produced a workable plan to cope with the unparallel­ed change that is looming. The Republic, rightly, says that the British, having created the problem, now have to resolve it.

Any Brexit settlement has wider problems for the UK, with Northern Ireland and Scotland originally voting to Remain. Moreover, the Cabinet is split between the ‘little Englanders’ who brought the entire country to the brink, and another faction who are predicting a car-crash with all its collateral problems.

I’ve said all along that pacifying the little Englanders, who so thoroughly hate Europe, amounts to political and economic suicide. I judge that many Leavers and a majority of MPs now oppose Brexit as the catastroph­ic consequenc­es take shape.

Because the talks remain in deadlock, we are warned of the need for heavy security. The prospect of renovating four old police stations is as nauseating as the unwelcome prospect of heavy lorry convoys with police having to check and protect them.

Many requests were rejected on trivial grounds — for instance, the use of a pin instead of a paper clip With weeks to go until Brexit, Britain has not yet produced a credible plan for dealing with change

 ??  ?? INLA man Dominic McGlinchey and, circled
above, Brian Faulkner
INLA man Dominic McGlinchey and, circled above, Brian Faulkner

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