2
was
On looking again at this amendment I wondered whether it
quite right or whether we should possibly be amending clause
18(4)(a) and (b). Having considered the point I have reached the
conclusion that the amendment is right. But it makes this
paragraph a little different from the others.
We are speaking of
case where extradition procedures under Part I are available.
The paragraph refers readers to the legislation that sets those
procedures out. But this is not quite what we do in paragraph
(a).
That is about cases where extradition procedures under the
1870 Act are available. They are made available by section 2 of
the Act. That corresponds to clause 2 of the Bill. Logically
therefore if clause 2 is not mentioned in paragraph (aa), section
2 of the 1870 Act ought not to be in paragraph (a). But that
paragraph does not exclude anything from the general reference to
the Acts of 1870 to 1935. Nor does paragraph (b) exclude section
2 of the 1967 Act, the provision that brings that
that Act into
operation in relation to a Commonwealth country.
As the draft stands at present therefore paragraph (aa) will be a
little more accurate than paragraphs (a) and (c). Three courses
are therefore open.
1.
Put up with the discrepancy.
2. Make paragraph (aa) simply refer to clauses 1 to 17.
3.
Bring paragraph (a) and (b) into line with paragraph (aa).
As at present advised, I cn see no harm in the discrepancy.
This
is part of my justification for offering you the present draft.