Patrick O'Donovan (Limerick, Fine Gael)
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361. To ask the Minister for Justice and Equality if the Irish Government at any stage entered into an agreement with the British Government as part of the Northern Ireland Peace Process in relation to providing special arrangements for on the runs that resulted in those persons not being arrested; if her attention has been drawn to some of these so-called on the runs being resident in this jurisdiction; if she has received correspondence from the British authorities as part of the settlement requesting that certain persons not be arrested; if she will provide details of same; and if she will make a statement on the matter. [4389/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that Good Friday Agreement of 1998, while dealing with early release arrangements for convicted persons, did not address the issue of persons who might in the future face prosecution or conviction. The term ‘on-the-run’ was used to refer to these cases although it was not entirely accurate in the sense that, in practice, it also covered people living openly in the community - the key issue was whether they would face prosecution. Over subsequent years it was recognised publicly by the Irish and British Governments that dealing with these cases was a logical follow on from the Good Friday Agreement’s provisions relating to the release of prisoners.

The scheme to which the Deputy refers was an administrative scheme operated by the Northern Ireland Office in respect of the UK. The Government was not party to the issuing of letters by the British Government or to any specific arrangements under that scheme.

As part of a protracted process both Governments had announced in late 2005 proposals for addressing the on-the-runs issue. The UK Government had formulated legislative proposals. The Government here had undertaken to operate in tandem with the UK in dealing with this issue and had announced a scheme whereby the President’s power under the Constitution relating to pardons would be operated in relevant cases. As the UK Government’s legislation was not proceeded with the Government here did not proceed with a scheme in this jurisdiction. Subsequently, the NIO proceeded with the administrative scheme referred to above.