Irish Daily Mail

Brexit threatens to reopen old wounds about extraditio­n

- Dermot Ahern

THE start of the New Year always provides great informatio­n for political anoraks with the publicatio­n of government­al documents, under the 30-year rule in the case of this State, and in Britain from 20 years ago.

The documents released shed new light on the events from decades ago, which may have convulsed both nations at that time, particular­ly in the context of the ongoing conflict on this island.

For me, the publicatio­n of these papers from 30 years ago is a reminder of my initiation into national politics. The papers released in the last week or so relate to 1987, the year I was first elected to Leinster House as a TD representi­ng Louth. A lot of the documents refer to the handover from the Garret FitzGerald government to a new minority government led by Charlie Haughey, and particular­ly deal with how Mr Haughey’s government would handle the Anglo-Irish Agreement and other related issues.

One matter which had been a very thorny political issue around that time was extraditio­n.

Historical­ly if a defendant claimed that they had a political motivation for a cross-border crime, the Irish courts generally refused to extradite them abroad. Over the previous years, this had caused huge difficulty in the context of the Troubles. The outgoing Fine Gael government had endeavoure­d to bring in an amendment to the extraditio­n law so as to ensure that paramilita­ries, who used the border as an escape, could be extradited back to the North for trial.

INDEED, the archive documents released in recent days show how Haughey emphasised to Margaret Thatcher that the Fianna Fáil party was convulsed over this issue. He pleaded with her to accept that the amended procedures, which he was proposing to put in place, should be allowed to work, but clearly from the British papers published they were greatly dissatisfi­ed with his response.

From my own personal perspectiv­e, being a newly elected deputy from the border town of Dundalk at the time, I was at the coal face in regard to the practical difficulti­es of extraditio­n from the South to the North.

In previous years, we had witnessed some very unedifying scenes whereby suspects were brought to the border, under Garda escort, only to be confronted by hostile crowds preventing them from being handed over to the RUC, on the other side of the border. Obviously, these types of scenes made major internatio­nal news, and did not reflect well on the relationsh­ips between the two government­s, nor, indeed, on my hometown area.

As the amended legislatio­n was being put through Leinster House, deputies including myself were put under extreme pressure to vote against the legislatio­n. I recall a number of Independen­t deputies threatenin­g to withdraw support from Haughey’s minority government if the legislatio­n went through.

The Fianna Fáil parliament­ary party meetings discussed the extraditio­n crisis on a weekly basis in 1987. At one meeting, I stated that the people of my town were more worried about unemployme­nt and the health crisis than the issue of extraditio­n, which, I added, wasn’t a huge issue in peo- ple’s daily lives. A Sunday newspaper quoted this. Within a week, my constituen­cy office was picketed by members of Sinn Féin, who stated that if I didn’t feel that it was a huge issue, they would make it an issue for me.

The pickets, outside my office, continued for weeks, with individual­s, from the picket line coming into my office, one by one, to discuss extraditio­n with me. To say the least, as a newly elected deputy, I felt under severe pressure.

One of the people orchestrat­ing the pickets was later sentenced to 12 years’ imprisonme­nt for possession of explosives. Politicall­y, I stuck to my guns, as believed that people who were responsibl­e for carrying out atrocities should not be allowed to use the border as a way of evading justice.

All of this seems very much in the distant past, but at the time it caused huge controvers­y. This is borne out by the revelation­s in the archive documents released this week. Over time, the issue of extraditio­n became less and less controvers­ial. The ongoing peace process talks tended to defuse controvers­ial issues such as extraditio­n.

ANOTHER calming influence was the relationsh­ip between our two islands getting better through our ongoing membership of the European Union.

Brussels started moves to streamline extraditio­n procedures across the borders of EU member states by bringing in the European Arrest Warrant procedure. This meant that, right across the EU, the same rules applied when one member state wished to have a suspect extradited from another member state.

With the implementa­tion of this, it took the heat out of the vexed question of transferri­ng suspects across the border from the South to the North and to the UK. What had been a huge controvers­y 30 years ago became a matter of normal procedure as it was now going to be dealt with under the umbrella of the EU.

All of this raises the question: what happens post-Brexit in the context of extraditio­n? Unless Britain, and Northern Ireland, commit to implementi­ng the European Arrest Warrant law to the letter, conceivabl­y we could be back to the bad old days of a ‘tug of war’ across our border.

During the recent Brexit talks, the phrase ‘regulatory alignment’ was very much to the fore. Generally, it was assumed this alignment related to issues such as trade, agricultur­e and other similar matters.

Little or no mention has been made of topics such as extraditio­n in the recent talks. Sooner or later, before we sleepwalk into another extraditio­n crisis, the EU and the two government­s need to explain how this issue will be handled, in a post-Brexit scenario.

 ??  ?? Clashed: Charles Haughey and Margaret Thatcher
Clashed: Charles Haughey and Margaret Thatcher
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