Bertie Ahern (Dublin Central, Fianna Fail)

I did not answer Deputy Kenny's question as to whether this process was negotiated or agreed with Gerry Adams. There was no discussion about the process. The issue of on-the-runs was agreed back in 2001 and 2002. The exercise of the power of pardon does not undo the past. In a case such as that of the OTRs, it does not turn back the clock of time and treat what occurred as if it never took place. It does not undo the wrong. In reality, the power of pardon in the case of on-the-runs means they will not be prosecuted, imprisoned or fined for their wrongs. It is to be recalled that a similar consequence arose from the Good Friday Agreement in relation to convicted and imprisoned prisoners.

The power of pardon is separate and distinct from the power to commute or remit a punishment. It is only the latter which requires a conviction. Moreover, the power of pardon is not an administration of justice but an act by the President acting on the advice of the Government.

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