Pat Rabbitte (Dublin South West, Labour)

I gather from what the Taoiseach has said that he raised with the British authorities some points of clarification relating to the Hain legislation. It seems this is a matter of such gravity that it requires more than simply seeking clarification. I would like to give the Taoiseach another opportunity to say whether the Government has a position on the proposals in the British legislation. He is well aware of the concerns of the SDLP, for example? Did he make the Government's position known in the normal way — directly to the Secretary of State, Mr. Hain, or the British Prime Minister, Mr. Blair — or did he simply ask some questions to seek clarification?

I would also like to ask about the different approach, which involves a presidential pardon, being taken in this jurisdiction. Can the Taoiseach cite any precedent of such a pardon being offered in a case in which there has not been a trial or conviction? Can he outline circumstances in which such a pardon should be exercised, other than as a remedy for a perceived miscarriage of justice? Is there any precedent of people being exculpated even though they have admitted they are guilty? Is it not the case that the Government has proposed this method of dealing with this matter in the hope that it will fireproof its approach from judicial review on the basis of Article 13.6 of the Constitution, which relates to the President's discharge of her functions? The President is subject to judicial review in respect of other decisions, such as judicial appointments.

I put it to the Taoiseach that the Government has pursued this approach because it is not possible to introduce legislation to deal with this matter in this jurisdiction that would exclude those who are wanted and are still on the run for the killing of Detective Garda Jerry McCabe. The Government has adopted the presidential pardon approach for that reason. There is a necessity to be open and honest with people about this major decision. For example, is there a commitment in any of the side deals which have been done that those intimidated and caused to flee Northern Ireland will be permitted to re-enter that jurisdiction? Such a commitment is necessary if we are to draw a line in the sand.

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