Declarations Declarations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 4, Pt 33A added by European Convention on Extradition 2003 art 2(1), (4)
Sch 4, Pt 3A added by European Convention on Extradition 2003 art 2(b)(i), Sch 1
Sch 4, Pt 9 rev in pt by European Convention on Extradition 2003 art 2(b)(ii)
Sch 4, Pt 32A added by European Convention on Extradition 2003 art 2(b)(iii), Sch 2
Sch 4, Pt 2A added by European Convention on Extradition (Armenia and Georgia) 2002 art 2(b)(i), Sch 1
Sch 4, Pt 12A added by European Convention on Extradition (Armenia and Georgia) 2002 art 2(b)(ii), Sch 2

A decision of the Irish Supreme Court has made it impossible for Ireland to comply with its international obligations under the European Convention on Extradition.

The Court ruled that Ireland was not bound by its ratification of a similar extradition Treaty as the approval of Dail Eireann of the terms of that Treaty had not been obtained prior to ratification as is required by the Constitution of Ireland. The said Supreme Court Decision serves as a binding precedent in all future extradition cases.

The same circumstance applies in the case of the European Convention on Extradition. Dail approval of the terms thereof was not obtained prior to ratification of the said Convention on behalf of the Government of Ireland in 1966. Consequently, in the event of a court challenge, Ireland’s ratification in 1966 is likely to be declared invalid under domestic law.

In order to rectify this position, Dail Eireann approved the terms of the European Convention on Extradition on 29 June 1988. It is now necessary, for the purposes of domestic requirements, for the Government of Ireland to confirm the earlier ratification by way of deposit of a new instrument of ratification.