Written answers
Tuesday, 20 October 2015
Department of Justice and Equality
Departmental Legal Cases
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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366. To ask the Minister for Justice and Equality if a review of a case (details supplied) has been published. [36180/15]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that Mr. Shane Murphy SC's advice has not been published on the basis that it represents legal advice to the Attorney General and to me as Minister. The purpose of Mr. Murphy's examination was not to carry out an inquiry to establish all of the facts of the case at this remove but rather to advise on whether a case had been made which would warrant the granting of a pardon. In this regard the statement I issued following the Government decision, which was prepared with the assistance of Mr. Murphy, sets out in detail the basis for Mr. Murphy's opinion that Mr. Gleeson's conviction was unsafe and fully and publicly outlines the basis for the Government's decision to recommend to the President that he exercise his right of pardon under Article 13.6 of the Constitution.
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