Brian Lenihan Jnr (Dublin West, Fianna Fail)

I should not and I apologise for doing so.

The person who drafted this amendment knew well that the power of pardon is vested exclusively in and may only be exercised by the President, strictly on the advice of the Government. That procedure is written into the Constitution. Therefore, there is little one can do to hedge around it. If it was established that a person was wrongfully convicted in breach of the European convention, the Government would make such a recommendation to the President. However, to provide in this Bill that a person can write a letter to a Minister who can make a recommendation to the Government is surplusage and unnecessary in the circumstances.

I understand the spirit in which the amendment was tabled, but it is excessive of Senator Norris to suggest that because the Government does not accept this amendment, it shows a blatant disregard for the convention. That is not the case. I am wary of accepting provisions such as that proposed in the amendment because it attempts to regulate the power of the Government to advise the President on this matter – a power which is expressly conferred by constitutional provision.

Amendment No. 28 is interesting since it seeks to refer the matter to the Court of Criminal Appeal. A great deal more consideration would have to be given to the precise drafting of an amendment of that character and how this jurisdiction would be conferred upon the Court of Criminal Appeal. The problems which can arise are not confined to the province of criminal jurisprudence. There could also be a civil judgment where a wrong has been done in breach of the convention procedures. In the case of the criminal law, there is a matter pending in the Supreme Court. The Minister is of the view that it would be better to await developments and the clarification the court will bring to that issue.