Bertie Ahern (Dublin Central, Fianna Fail)

The Good Friday Agreement dealt with how prisoners would be released. From that time, the issues of on-the-runs was in the public domain. At Weston Park in 2001, we agreed to bring forward the scheme when progress was made on other issues. At that stage, an enormous amount of debate surrounded the issue. The issue has been in the public domain for the last four and a half years. The scheme as outlined was not as it was only announced two weeks ago. If Members or others have suggestions to make on the issue, the Government will examine them. While I have not seen any yet, over the Christmas and new year we will look at some because it will be some months before we will deal with the cases.

As I outlined to Deputy Kenny two weeks ago, the Government is satisfied on the basis of work done to date that pre-trial pardons cannot be granted in cases, even if legislation is introduced on this issue. Under the Constitution, there are great difficulties in adopting another approach to the one for which we opted. That is based on legal advice. If another idea for dealing with the issue is raised, it will be looked at. The power of pardon cannot be delegated under the Constitution as it is vested solely in the President and exercised on the advice of the Government. The Government has been advised that the constitutional provisions for dealing with the trial of offences would stand in the way of setting up the type of tribunal for which the UK opted.

I accept some people, as a matter of principle, are opposed to addressing the issue. If it is accepted the matter must be dealt with, we believe the proposed way is the most passive way of dealing with the small number of cases that are likely to arise. If there are other suggestions, the Government is prepared to examine them.

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