Dáil debates
Wednesday, 30 November 2005
Leaders' Questions.
10:30 am
Enda Kenny (Mayo, Fine Gael)
That does not amount to the publication of the legal advice on the matter received by the Government. The Taoiseach claims that neither this matter nor that of non-elected individuals addressing the Dáil was part of a secret deal. That may be so but it gives a clear indication that there were secret deals. It seems to the public that when it comes to a choice between justice for victims and appeasement of Sinn Féin, Mr. Adams seems to win on each occasion with the Taoiseach. While I accept this matter has to be dealt with there is a much better way for the Executive to deal with it.
There are 45 prisoners on release from Portlaoise Prison, each of whom is on licence. I would have expected that the Government, rather than dragging the Presidency down a route of dubious constitutionality, would have made arrangements for the persons in question to attend before a court to proclaim their guilt before being released on licence which could be revoked if, under unfortunate circumstances, matters were to reverse. A presidential pardon is irreversible and irrevocable.
As Article 13.6 of the Constitution has never been interpreted, this approach appears to present dubious constitutional consequences. A much better approach would be to make arrangements for persons to attend in court and proclaim their guilt. To proceed on this route will, it seems, result in an attempt being made to turn Áras an Uachtaráin into something akin to the court of Queen Elizabeth.
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