Brendan Ryan (Labour)

I move amendment No. 26:

In page 6, between lines 30 and 31, to insert the following new subsection:

"(6) Where as a result of an incompatibility between a statutory provision or rule of law and a Convention provision, or a failure to act in a manner compatible with a Convention provision, a person has been convicted of a criminal offence in circumstances where but for the incompatibility or failure the person would not have been so convicted, or would have been sentenced to a lesser penalty, the person the subject of such conviction or sentence may apply to the Minister pursuant to this section for a recommendation to the Government that the Government should advise the President to pardon the person concerned, or alternatively for a recommendation that the conviction or penalty be commuted or remitted, and the Minister may following such inquiries if any as in his or her discretion he or she sees fit to make, make such a recommendation.".

I am not our party's spokesperson on justice. Therefore, I came to deal with the Bill later than would normally have been the case. As we proceed with Committee Stage, the degree to which the Bill is limited becomes increasingly apparent.

If someone is convicted of an offence in this State, the basis for which is found to be incompatible with the European Convention on Human Rights, I presume we would let such a person out of prison. However, I am not certain that this is the case since the validity, continuing operation or enforcement are not affected by the declaration. Even if we let such a person out of prison and award him or her damages, the Bill does not propose to give him or her a pardon.