Pat Rabbitte (Dublin South West, Labour)

Will the Taoiseach comment on the proposals which are tantamount to an amnesty for the so-called on-the-runs? Does the Taoiseach know how many such individuals are likely to be affected in this jurisdiction and how many will be affected in Northern Ireland or in the UK as a result of the legislation brought in by the British Government?

Will the Taoiseach explain the difference in approach in this jurisdiction compared to that in Britain, where legislation has been published? As I understand it, the Taoiseach is saying there will not be any such legislation in this jurisdiction. Is he satisfied that no legislation will be necessary? Does he agree the reason legislation will not be advanced is that it would be very difficult constitutionally to bring forward legislation which would exclude additional persons wanted in connection with the killing of Detective Garda Jerry McCabe, and that as a result the Taoiseach and Government are going for the option of a presidential pardon? Does the Taoiseach believe that is constitutionally firm? I presume he acknowledges that as a result of the British Government decision, the people involved will be let free on licence only, whereas a presidential pardon in this country would essentially be a once-off, with no going back on it.

Where does the Taoiseach stand on the recommendations of the SDLP? They make clear for example that the so-called on-the-run applicants for an amnesty would have to present at a trial and that there would have to be a decision in terms of their innocence or guilt. Even where no prison sentence would be imposed, they would have to present at a trial. The SDLP recommends that this process should not last longer than six months to a year. They say the process ought to be accompanied by victim impact statements, that the trials ought to be conducted in open court, that releases should be granted only on the basis of licence, and that the entire process would be for offences committed prior to the Good Friday Agreement.

Does the Taoiseach see merit in the SDLP proposals, or is it still his opinion and that of the Government that they can proceed to have people guilty of terrorist offences released on presidential pardon without any legislative basis for such releases?

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