David Cullinane (Sinn Fein)

I move amendment No. 2:

In page 6, subsection (1), line 32, before "the operator" to insert the following:

"excluding politically motivated offences covered by the Good Friday Agreement and which predate the enactment of the agreement,".

We intend to press the amendment. We are hopeful that the Minister has had time to reflect on the serious issues we have raised in the context of the amendment. They are important issues, not just for my party but for people who believe in human rights and the civil rights of all, including ex-prisoners and especially those who were prisoners as part of a conflict. While there was much heat in the Second Stage debate that took place in the Dáil, I hope the Minister will accept the seriousness of error in terms of the amendment.

Under the Good Friday Agreement, which was signed off on by the Government of the State in 1998, which was supported by the vast majority across the island of Ireland, the State recognised the importance of measures to facilitate the reintegration of prisoners into the community by providing support both prior to and after release, including assistance directed towards availing of employment opportunities, retraining and-or re-skilling and further education. That is very clear and explicit. The Good Friday Agreement goes further because it places an obligation on the State to ensure there is proper reintegration of prisoners who were part of a conflict and who were released under the terms of the Good Friday Agreement, which many of them have done.

I gave a number of examples yesterday of where many former prisoners achieved doctorates in prison in a range of areas. Many of them are leaders in their communities. In my own area some former prisoners are members of GAA and soccer clubs, taxi drivers, teachers and lecturers. Two Deputies who contributed to the debate in the Dáil would not be able to hold a licence under the current proposals. The Minister is shaking his head because he says that it is then up to the courts. The point is that what he is doing in refusing to accept the amendment is refusing to accept that political prisoners are just that and that they should be exempt from the provisions of the Bill. That is what we are calling for.

In the St. Andrews Agreement which progressed the peace process and brought about the renewal of power sharing, it states that the Government will work with business, trade unions and ex-prisoner groups to produce guidance for employers which will reduce barriers to employment and enhance reintegration of former prisoners. That was agreed by two sovereign governments, the British Government and the Irish Government, and by all of the parties to the agreement, including the Minister's party. A working group established under the Agreement to focus on the issues arising for prisoners stated that conflict related convictions of politically motivated ex-prisoners or their membership of any organisation should not generally be taken into account in accessing employment facilities, goods or services, provided that the act to which the conviction relates or the membership predates the Agreement. That is what we state in the amendment.

These are internationally recognised agreements to which all parties in the House were party. What is stated in them is clear. However, the Government is disregarding what was agreed and erecting barriers to ex-prisoners from all backgrounds to secure employment. Former political prisoners have found it difficult to secure a place in their communities, North or South. Many have, but others have not. As the Agreement states, there is an onus on the State to guarantee that every opportunity is taken to ensure proper reintegration of all former political prisoners from different traditions, both North and South, back into the community. It is part of the healing process and the process of conflict resolution which I hope all parties in the House support. Many people outside this House support it. Despite the conditions of the Good Friday Agreement, the Hillsborough Agreement and the St. Andrew's Agreement, along with the guidelines published subsequently, political prisoners continue to suffer discrimination. Obstacles continue to be erected in the way of their search for employment or business opportunities. The Bill neglects the plight of these ex-prisoners. It puts in place rules which would make it difficult for them to obtain a road transport operator licence or work in a licence holder's business. There are thousands of former political prisoners in the State, the vast majority of whom are pillars of our society. A small number of people are part of those micro-groups in the State. Former political prisoners have been in the vanguard of defending the peace process. We all know the role they played in making sure, not only that the peace was built but that it was kept and maintained. They are pillars of society.

I mentioned that two Deputies who spoke in favour of this amendment in the Dáil are former political prisoners. Certain Labour Party Deputies who are in government were associated with an armed group, and some of their associates would be affected by the Bill and by the refusal of the Minister to accept the Sinn Féin amendment. There are also many former political prisoners outside the Houses. Many have obtained further education qualifications and include in their number doctors of every subject one can imagine. They are respected in their current fields of activity and have helped to build and keep the peace.

The State has failed to comply with its end of the bargain, in terms of respecting the political context of their imprisonment. The Government must uphold its side of the bargain with all prisoners, many of whom have taken risks for peace and have built that peace. These are people who were sentenced in Diplock courts in Northern Ireland and in non-jury courts in this State. That should be borne in mind when the Minister considers this amendment.

It is 13 years since the Good Friday Agreement was signed and five years since the St. Andrew's Agreement was signed. I was interested to hear some of what the Minister said in his response to my contribution on Second Stage. He introduced red herrings which have nothing to do with the points we are making. This may have been because of the Minister's very narrow political view of this issue, of the world, of this State, of the conflict and of former prisoners, all of which he is entitled to have. However, as Minister he needs to act in the national interest, for the public good and in line with the Good Friday Agreement, the St. Andrew's Agreement and the Hillsborough Agreement, which are international agreements. The Minister has a responsibility to do that.

The Minister spoke about convicted criminals, despite the fact that he knows they are political prisoners. He said confession comes before absolution. I could say torture comes before confession. Many ex-prisoners were tortured in Long Kesh, which led to some of those convictions, of which I am sure the Minister is aware. Perhaps he is not aware of much of what happened and the reasons many people ended up as prisoners in the first place.

This is an important issue for us. We cannot and will not stand over a situation where a Minister with a very narrow view of the world can play games with people's lives and livelihood, as the Minister is doing.

These people have served their sentences. It is extreme to prevent people who were part of a conflict in a conflict resolution process, who were released under international agreements-----