Dáil debates

Tuesday, 25 May 2004

2:30 pm

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

I accept Deputy Kenny would not have been briefed on all the matters. I do not think he would have been briefed on OTRs or the McCabe issues. I reiterate — I understand people can be uncomfortable with these issues — over the years in many of these circumstances I have had to give clearance at Christmas time and other times for the release of republican prisoners. The Christmas before the Good Friday Agreement I approved the release of the whole group, approximately 20, over the Christmas period. At all times our goal is to try to convince those who have been involved in violence and paramilitarism to move away from that. Not all the issues raised in this context are comfortable issues. The issue was raised in this House and elsewhere in 1998 that there was an inconsistency in our view in the South that we had negotiated an agreement in the North where people were being released who recently had been engaged in all kinds of horrendous activities. We made that point clear at the time. We claimed that, whether it was inconsistent, this was an act of criminality. We claimed that when this crime happened there was a doubt about who did it — the Deputy will be aware that at first there were denials — and for that reason we said we would not deal with it.

The Sinn Féin leadership made it clear at all times that it believed this was inconsistent. It fought through the High Court and the Supreme Court and lost on those grounds. Equally, it made clear that, at the end of the negotiations, which we are seeking, it would expect this issue to be completed and dealt with. We have moved on a considerable number of years — it is seven years since some of these prisoners were released. One of the original five was released and obviously others will be in prison for up to another five years. I know it is difficult for the families, but if we are to get an end to paramilitarism and violence and to work towards a constructive beginning, we must deal with this issue. Quite frankly, we must deal with this issue as part of the end game. It is not something to give away or trade off, but in the end this is where we would come to ultimately. I have made this clear to the Garda representative bodies, I know the families are aware of our position as well and I understand the reason they would not agree with it. The OTRs, persons on the run, are part of this arrangement. If one deals with the issue of OTRs without dealing with the persons charged with the manslaughter of Detective Jerry McCabe, one would find oneself in a situation where somebody, perhaps a person on the run who may have been involved in murder, would have gone through the certification process of declaring himself or herself an OTR, obtained clearance and would not serve a day while others who would have gone through due process would have served seven or eight years. That is the rationale in bringing this to an end.

I cannot be sure who has OTR status. I have explained before, but people did not focus on it, that I understand from what is known by the Garda Síochána that there would not be that many cases of OTRs, persons on the run, but who can be certain of who is living in the jurisdiction? I have no doubt that somebody who had been involved in a horrendous event could come forward as an OTR and under that system, he or she would get clearance. The same would happen in the United Kingdom. If we are to bring the matter to completion, we must face up to these issues. We are endeavouring to end paramilitarism, and deal with all the issues outlined in paragraph 13 and which I have outlined time and again. We are seeking an inclusive working executive and we are moving towards having everything verified.

I do not wish to duck any of the issues. If one states that one is not prepared to consider issues such as OTRs and the Oireachtas report, another issue which I am anxious to progress and on which I have answered questions recently, one will not achieve the end of the IRA as we know it. That is not to say the disbandment of the IRA, because it may become an old veterans group or whatever role it may play in the future. Mr. David Trimble came up with some imaginative ideas on this a few years ago, but we will not come to the end of it until we deal with them.

We have a decision to make on whether we get to the end of this. I do. I am prepared to take the heat on these issues and explain them because I think it is worth it, even if some issues are difficult. We do not have that many difficult issues compared with the number the people in Northern Ireland have had to face.

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