Bertie Ahern (Dublin Central, Fianna Fail)

Deputy Rabbitte has made a number of points. There are a number of extensions to the Hain Bill. I am not sure of the point being made by the Deputy in that regard. He is probably referring to the extension of the legislation to cover the British army. Such extensions, which have been included in the British legislation, were not discussed with the Government. They are of concern to Nationalists. The SDLP's proposals are well known to the Government, which has made them well known to the British authorities. The Bill has been extended beyond the areas about which the Government had been informed. The British authorities have to deal with a wider situation as they see fit. It is obvious that they believed they had to deal with certain matters by including the extended provisions relating to the British Army. We will see how that works as the debate progresses.

The agreements which have been reached in respect of those known as on-the-runs are far from side deals. I am not sure if that was the point being made by Deputy Rabbitte when he referred to side deals. When the 1998 agreement was reached, it was clear to the world that prisoners on all sides who had been sentenced for major crimes — murder in many cases — would be released. That agreement created an anomaly, however, in that people who were on the run because they had not been caught were not cleared and could still be charged. It was agreed at Weston Park, in a blaze of publicity that the anomaly in question had to be dealt with. The matter was also mentioned in the joint declaration and the acts of completion document.

The arrangement that will be used in this jurisdiction, which involves a constitutional pardon, is as transparent as possible. The President, who will issue the pardon, will be able to do so only after the eligibility body has received and examined a request for a pardon and passed it on to the Department of Justice, Equality and Law Reform. The Department will have to be satisfied that it is appropriate to pass such a request on to the Minister, who will bring it to the Cabinet, which will decide whether to refer it to the President. The various decisions which will have to be made as part of the process will not be taken lightly. Deputy Rabbitte has rightly stated that it is believed that the process I have outlined is the best and most proper way for the Government to proceed legally. Difficulties could arise if the matter were to be dealt with in some other manner — that is a fact. The details of the proposals contained in the Hain Bill will become clearer as the debate continues. I will be glad to answer questions about such details at a later stage.

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