Bertie Ahern (Dublin Central, Fianna Fail)

In dealing with matters related to Northern Ireland I have repeatedly told the House that in particular circumstances the issue of the so-called on-the-runs would have to be addressed. It is now four and a half years since we completed the deliberations on that issue in Weston Park, where we first decided it should be resolved. That issue had been an over-hang all the way from May 1998, so three years later in Weston Park we set out what would happen. We published the resulting documents in the joint declaration of 2003, two and a half years ago. There is nothing new in all of this.

The cases we are dealing with involve people wanted in connection with offences committed prior to the Good Friday Agreement in April 1998 who, if they had been serving sentences at the time of the Agreement, would have been released early under the terms of the Agreement, and the principle is the same. Last week the UK published its legislation. In this regard the Minister for Justice, Equality and Law Reform, Deputy McDowell, set out the approach we would take in this jurisdiction. The UK legislation will deal with the establishment of a tribunal to deal with these cases. In our case we will establish an eligibility body and advise the President to use her powers under Article 13.6 of the Constitution. There are different approaches that reflect our different legal and constitutional frameworks. Essentially, the net effect will be same. While the approaches reflect our different legal and constitutional frameworks the same category of people will not face imprisonment. We are satisfied that the pre-trial pardon can be granted in such cases. In fact, there would be great difficulties under our Constitution were we to adopt any other approach to dealing with this issue. The power of pardon cannot be delegated under the Constitution. It is vested solely in the President to be exercised on the advice of the Government.

I am advised that even if that were not the position the provisions of the Constitution dealing with the trial of offences would stand in the way of setting up the type of tribunal for which the UK has opted. I accept that some people, as a matter of principle, are opposed to addressing the issue of on-the-runs but if it is accepted it has to be dealt with. In that case what we have proposed is the most practical way of dealing with what the security forces here understand is a very small number of cases that are likely to arise. I do not know the number in the UK and I am not sure if the UK knows the number.

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