European Union justice ministers have agreed a common definition of terrorism, but they failed to approve the introduction of a European arrest warrant that would make extradition automatic between member-states for some offences.
EU leaders will attempt to resolve the impasse over the arrest warrant when they meet next Friday in the Belgian town of Laeken. Yesterday's negotiations collapsed after Italy insisted that the number of offences for which the warrant would apply should be limited.
The ministers agreed a range of penalties of between two and 20 years in prison for offences that include violent attacks against people, kidnapping and "causing extensive destruction to a Government or public facility . . . a public place or private property likely to endanger human life or result in major economic loss".
These offences will be defined as terrorist offences if they are committed with the aim of "seriously intimidating a population or unduly compelling a government or international organisation to perform or abstain from performing any act or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation".
The Minister for Justice, Mr O'Donoghue, secured two important concessions for Ireland during negotiations on the arrest warrant. The most significant is a declaration that only applies to Ireland stating that Irish authorities will not be obliged to extradite any person for the purpose of investigation.
It states: "Ireland shall, in the implementation into domestic legislation of this Framework Decision, provide that the European Arrest Warrant shall only be executed for the purpose of bringing that person to trial or for the purpose of executing a custodial sentence or detention order."
The other ministers also agreed to define some offences that caused Government officials concern. They include swindling, racism and xenophobia and sabotage.
"The objective of the exercise at all times was to ensure that Ireland would be in a position to play its full part in the fight against terrorism whilst at the same time seeking to ensure that the fundamental rights and freedoms of Irish citizens were protected. That was the balance which I sought to achieve and I believe I have achieved that balance," Mr O'Donoghue said.
He dismissed a claim by former attorney general Mr John Rogers that the new measures would not be subjected to adequate scrutiny in the Oireachtas. He said the measures would be discussed in the Dβil and Seanad next week and that they would not come into force in the Republic without parliamentary approval.
"I'm quite at home with that because I'm satisfied that these are matters of immense importance and that in a democracy it's important that we would be able to enter parliamentary reservations where we have them and have these matters discussed," he said.
