Bertie Ahern (Dublin Central, Fianna Fail)

The legislation being discussed in Westminster today arises from a commitment given as part of the Weston Park talks in the summer of 2001. The reason the commitment was given then was that there was an anomaly, arising from the 1998 decision on the Good Friday Agreement to allow prisoners who had committed offences before that date to be released. The anomaly was that people who were not arrested or who had never been charged were still being followed and pursued even though others who had been charged were being released. The issue was examined in 2001 and the proposals were included in the joint declaration of May 2003. This was part of the discussions that led to what was known as the acts of completion document.

Deputy Rabbitte is correct with regard to the proposals. The way the matter is being dealt with in Westminster is very different from our system. Their numbers are far more extensive than ours. I cannot be precise on our figure or whether it is half a dozen, but we believe the number is very small. The arrangement here is that an examination eligibility body will be set up to decide whether an individual is eligible for pardon. The eligibility body will have to be satisfied of the circumstances of each case. It will have to be satisfied that the person in question is not associated or affiliated in any way with an organisation that continues to engage in crime, or to threaten to engage in such activity. The eligibility body's findings in each case will be forwarded to the Minister for Justice, Equality and Law Reform, who will have to be satisfied of all the circumstances before referring the matter to the Cabinet. If the Cabinet is satisfied, the case will be presented to the President so that a pardon can be issued. That is the process that will be followed. A different system is being put in place in Britain.

The Government has asked the British authorities some questions about a number of aspects of the Hain Bill, mainly to get clarification on what they are doing. They have made some changes to the Bill. The Government will examine those changes to see how they will operate.

The British and Irish Governments have agreed that the process will not commence in this jurisdiction until the British legislation has been passed. I think the British system will take some time to complete its consideration of the Bill. Some of the reasons for the delay were mentioned by Deputy Rabbitte and some of them were not. The arrangements will not apply here until some time next year.

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