Written answers

Wednesday, 23 November 2005

Department of Justice, Equality and Law Reform

Presidential Pardons

9:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 85: To ask the Minister for Justice, Equality and Law Reform his views on whether the scheme of Presidential pardons that he has proposed will mean that terrorists will be able to roam free and unchecked here; if, unlike a release on licence, there will be no recourse to imprisonment if such individuals re-offend. [35800/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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There is no question of the scheme which will operate in this jurisdiction in relation to the handful of what have become known as on the runs meaning, as the Deputy puts it, that terrorists will be able to roam free and unchecked here.

In this context, on the runs mean people who, if they had been serving sentences for particular offences at the time of the Good Friday Agreement, would have been released under the terms of the Agreement. As I have stated previously, an eligibility body will be established to determine whether individuals are qualifying persons. A person can only be determined to be a qualifying person subject to the condition that the person is not affiliated to, nor supports, an organisation which is not maintaining a complete and unequivocal ceasefire. Details of the operation of the powers under Article 13.6 of Bunreacht na hÉireann will fall to be determined on a case by case basis but, in any event, it is, of course, the case that should persons in question reoffend they will be subject to the full rigours of the criminal law in relation to any such offences, including imprisonment.

The Deputy will already be aware that I have made it clear publicly that there is absolutely no question of this scheme benefitting persons wanted in connection with the killing of Garda Jerry McCabe or the wounding of Garda Ben O'Sullivan.

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