asked the Minister for Justice the legislative proposals he has to ensure that a prima facie case is made in an Irish court in cases coming under the recent Extradition (European Convention on the Suppression of Terrorism) Act, where the extradition of Irish nationals is being sought.

The Extradition (European Convention on the Suppression of Terrorism) Act, 1987 is not, of course, in operation yet. It will come into operation on 1 December next unless a resolution to the contrary is passed by both Houses of the Oireachtas before that date. In the interim I will be examining the position, including the prima facie question, and, in accordance with normal practice, I am not prepared to indicate the content of any proposals I may have until my colleagues in Government have had an opportunity to consider them.

Let me say that I am surprised at the Minister's reply, to put it mildly. His party argued strongly, rightly so, that the extradition Bill should not have been passed until the requirement for a prima facie case to be proved against an Irish citizen in our courts would be included in order to protect, rightly, the civil liberties and the rights of our citizens.

A question, please.

I want to ask the Minister if his party have now changed their position in relation to that matter. He may remember that that was one of the things that resulted in a tied vote in the House prior to Christmas last year. I would be surprised if, now that he is in a position to bring in amending legislation, he would not do so. Will he give an undertaking to the House that prior to making an order to implement this Act he will bring forward the necessary amending legislation to ensure that the civil liberties and rights of our citizens are not infringed and that what we require of our citizens in our courts here will be required before we extradite them to other countries?

I would like to point out to Deputy Harney that the extradition Act has been passed. The Deputy knows that it does not come into operation until 1 December next and that it will come into operation unless a resolution to the contrary is passed by both Houses of the Oireachtas. That is the position now. In the meantime I will be examining the position with regard to this legislation and any proposals I have to make to the Government with regard to changes in that legislation, if approved by the Government after considering them, will be announced in the normal way.

(Limerick East): Would the Minister agree that to concede the prima facie condition that Deputy Harney requests would be to fly in the face of the practice of European and international jurisprudence? Secondly, will he agree that to concede a prima facie condition would in effect make the extradition Act inoperable once implemented and would be a device to undermine the effectiveness of the Act? Thirdly, would the Minister agree that if such a concession was made it would have adverse consequences on the Anglo-Irish Agreement?

The extradition Act is now on our Statute Book. I have already explained that to the House and the House was so aware before today. Until such time as it comes into operation on 1 December next I will have an opportunity of examining the position with regard to the prima facie question. If the Government decide then that any changes are necessary those changes will be brought before the House in the normal way. I am not prepared just now to say what recommendations, if any, I would have to the Government that might bring about changes in that.

Will the Minister accept that if he were to introduce such a resolution the effect of it would be to make extradition more difficult than is now the case? Would he accept further that to do so could be only to offer aid and comfort to those who perpetrate atrocities such as the atrocity in Derry in the last few days?

The Deputy is assuming, I think incorrectly, that I said or gave any indication that I was going to introduce a particular type of resolution that might postpone the implementation of the Act. I have not said that, but any Member of the House may put down a resolution for discussion or debate if he or she wants to. I am not saying that I am doing it.

My question to the Minister leaves open what his final decision will be but simply asks him to confirm to me that the effect of such a resolution would be to make extradition more difficult than is now the case.

We ought to avoid repetition.

It is obvious I am sure to the Deputy that if that resolution was put down and passed the Extradition Bill would not come into operation.

It is very difficult to hear the Minister.

(Limerick East): I missed the Minister's reply. It is very hard to hear him.

That is not my fault.

May I ask the Minister if he will confirm that the Government of which Deputies Noonan and Birmingham were members entered into an extradition treaty with the United States in which the United States insisted that a prima facie case be proved against their citizens before they would be extradited?

That question is totally outside the scope of this Dáil question.

It is true.

The answer is yes. Could I ask the Minister if he is the same Deputy Collins who sat on those benches in December, with Deputy Woods who is now Minister for Social Welfare, and spent days on end on this very point? Does he not in those circumstances have some views as to what recommendations he should make on this matter?

Deputy O'Malley probably knows better than many, that Ministers do not offer views on any intending changes in legislation until such time as those views are accepted by the Government. They are then announced in the normal way to put those changes into effect.

The Taoiseach said earlier this week that although he believes parts of the Anglo-Irish Agreement are unconstitutional he is going to do nothing to change that, even though he is in a position to do so if he wishes. Is the Minister now saying, in relation to this matter which seemed so fundamental and important to him and his party when they were in Opposition a mere three months ago, and given that they are in a position to bring forward amending legislation and that an order does not have to be made until next December to implement this Act, he is not sure whether he is going to bring in this very important amending legislation to protect the rights and civil liberties of Irish citizens? All we are asking is that what is demanded of our own citizens, that is, that a prima facie case be established against them before they are sent for trial, would be required before we extradite them to other jurisdictions.

I am not saying that at all.

(Limerick East): May I take it from the Minister's reply that his Government are now more supportive of the operation of the Anglo-Irish Agreement than the Progressive Democratic Party are?

That is not a proper question.

May I ask ——

I am calling No. 3 now.

I have a very short question.

I am sorry, Deputy, I indicated that I was moving on to another question.