Michael Finucane (Fine Gael)

I second the motion. I spoke on this issue in a debate in the Dáil on 9 February 1999. That debate revolved around the findings of the Special Criminal Court. The people responsible for the crime were not charged with murder but with manslaughter and the sentences were based on that. Those of us who are from west Limerick were appalled and remember vividly what happened in June 1996. For a political representative from west Limerick it was especially emotional because not alone were Detective Garda Jerry McCabe and his family from west Limerick but three of the people involved came from west Limerick. None of us can condone what happened because it was an act of brutal murder. What helped to focus the whole issue in our minds in recent times was an article in one of the Sunday tabloids which showed the late Detective Garda Jerry McCabe slumped in a car with 15 bullets discharged into the car itself.

In the context of the abolition of capital punishment by the then Minister for Justice, former Deputy Ray Burke, there was to be introduced a mandatory sentence of 40 years for offences such as this involving members of the Garda, the Prison Service, or a member of the Government. In this case, because of plea bargaining and the reduction of the charge to manslaughter, lesser sentences were imposed ranging from 14 to 11 years.

The Government has been embarrassed in recent times by the leaking of information regarding this issue. It came as a surprise to most people that in the negotiations in which the Minister for Justice, Equality and Law Reform, Deputy McDowell, and the Taoiseach were involved last October this was being conceded. According to the Government this was being conceded on the basis that all paramilitary activity would be ended. This flies in the face of what was previously said on this issue. It is worth bearing in mind how definitive the former Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, who was to the fore in trying to lecture other parties on zero tolerance when he was in Government, was when he spoke in the House on 9 February 1999:

I refer to speculation on the question of early release for those who have been convicted of the killing of Garda McCabe. I wonder how many different ways we have to say "no" for people to get the message that those involved will not have the benefit of the early release terms contained in the British-Irish Agreement. There has been clarity from the outset — from the time the British-Irish Agreement was negotiated — about this and the position has been made clear by the Taoiseach and me on numerous occasions. That there will now be manslaughter rather than murder convictions does not alter the Government's stance on this issue.

A great deal of the discussion during the Dáil debate in 1999 related to intimidation and the circumstances of the time. When legislation was being introduced, Members called for measures to be put in place to counteract the level of intimidation involved in this case.

Many people in the mid-west region are shocked. As the Taoiseach in June 1996, Deputy John Bruton was given the difficult job of sympathising with the wife and family of Detective Garda Jerry McCabe. All of us can recall the evocative scenes when the large funeral took place in Limerick. For that reason, this issue resonates with the general public and, in particular, with the Garda Síochána.

I would like to discuss the prospect of an early release, which has been considered. The only thing that stopped such a deal from going ahead in October 2003 was that decommissioning did not go far enough. One can assume that the British Government was not aware of the deal, as it was entirely an Irish arrangement. We remember that the Taoiseach was not too optimistic on the morning in question, when General de Chastelain pinpointed the level of decommissioning at the time. The package was negotiated on the basis of restricted decommissioning. It was obvious at that stage that Sinn Féin and the IRA had not considered the total endgame in respect of the ending of paramilitary activity.

The Minister made a strong statement about the conduct of the IRA when he was in Limerick in recent days. He attacked the involvement of Sinn Féin. That is fine because it probably makes good copy for the media, but the whole thing smacks of a certain degree of hypocrisy, as far as I can see. Somebody is talking out of both sides of his or her mouth in respect of this issue. If one is consistent on this matter, one will be aware that it is not a question of ending it, even if paramilitary activity in the North of Ireland is brought to an end.

The Minister's party leader, Deputy Harney, said at a party meeting in Limerick in 2000 that, as far as she is concerned, the killers of Detective Garda McCabe will never be released, under any set of circumstances. It is worth bearing in mind that the prisoners in question are not serving life sentences — they are not serving 40 years — but sentences of between 11 and 14 years. Detective Garda McCabe was killed in 1996. We are talking about the amount of time that has been served and the date on which they will be released. We are not talking about the long term, but about the short term.

I am interested in the principle of the matter. There is no doubt the persons in question are guilty of murder. The circumstances changed and the trial became a manslaughter trial because witnesses were intimidated. The sentences of between 11 and 14 years that were handed down were small when one considers the offences that were committed. Even if negotiations commence with Sinn Féin about making progress in the North of Ireland, the Government cannot consider slipping this in. People were surprised to learn recently that it was suggested as part of a package going back to last October, that it was being agreed and that it was going to be slipped in.

The Government lied about Omagh when it was asked in the other House whether discussions were taking place with the Real IRA. Deputy Kenny succeeded in getting the Government to admit eventually that discussions took place. A Member of this House, Senator Mansergh, had discussions with the Real IRA after the Omagh bombing. Whom do we believe? Do we believe the Taoiseach, who has said that there will be no deal? Do we believe those who say that it was agreed at the time and that the prisoners in Castlerea would have been released by now if agreement had been reached last October? The pieces of the Government's jigsaw are not fitting together. There is a certain element of talking from both sides of the mouth on this serious issue.

The Minister should reflect seriously on the comments of his predecessor, Deputy O'Donoghue, who was very definitive on this issue. Given that there will be elections on 11 June, it is probable that this issue will not go away. It suits the Government to deny totally at this stage that these people will be released. Mr. Gerry Collins MEP has been strong on this issue in west Limerick. He has said that his personal opinion is that they should never be released. Does the Government's policy reflect the MEP's opinion? The people deserve honesty, truth and consistency from the Government in this regard.