Enda Kenny (Mayo, Fine Gael)

A year ago this week, the secret deal, done between the Government and the IRA in respect of the release of the killers of Detective Garda Jerry McCabe, was exposed causing widespread anger among the public. It was a serious error of judgment on the Government's part. We have since learned of the Government's proposal to allow non-elected individuals to the House to speak to it, which would be a dilution of the institutions of the State. More recently, we learned of the Government's decision to proceed with presidential pardons for terrorists sought in respect of offences in the State. The Taoiseach's claim on Monday that this was well-known after the Weston Park discussions in 2001 is simply untrue.

The proposition for presidential pardons, which are irreversible and irrevocable, was never mentioned after the Weston Park talks. It was accepted that this matter would have to be dealt with one way or the other. I believe there is another way. Will the Taoiseach explain why the Government has chosen the particular route of presidential pardons? I consider it an abuse of presidential pardons to deal with terrorists who have never been convicted.

Article 13.6 has never been interpreted before. Presidential pardons have only been used on three occasions, twice in the 1940s and once in the 1980s, and then in respect of what were deemed to be clearly unsound convictions. In this proposal, no conviction or admission of guilt has been seen. Will the Taoiseach publish the legal advice which was made available to the Government upon which he is basing this decision? Is the Taoiseach's decision to proceed down the route of presidential pardons the result of discussions he had with Gerry Adams at several private meetings during the summer? Was this matter discussed at those meetings? Is that the reason another side deal, that of the Government choosing presidential pardons, will be followed?

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