Dáil debates

Thursday, 10 December 2020

Ceisteanna Eile - Other Questions

State Pardons

10:10 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

As the Deputy will be aware, representatives of the Michael O'Donohoe memorial project have gathered a considerable amount of material relating to this particular case, including a transcript of the trial from the mid-1880s. They have met with officials in my Department and provided material in support of an application for a presidential pardon under Article 13.6 of Bunreacht na hÉireann. Following consideration by officials, I understand that an opinion was formed that the conviction might be considered unsafe.

I am advised that the then Minister agreed that this case potentially demonstrated, in all the circumstances, a miscarriage of justice. On foot of this, my Department engaged an expert on 19th century trial law in Ireland for their expert opinion on the safety, or otherwise, of the conviction. I understand they have largely completed their work, save for some issues which will involve accessing the National Archives once they are open again. When that is completed, the report will be submitted to me. I can assure the Deputy I will consider it as soon as possible and make my recommendations. If at that stage it is decided that a pardon should be recommended to the President, I will do so then.

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