Sorca Clarke (Longford-Westmeath, Sinn Fein)
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185. To ask the Tánaiste and Minister for Justice and Equality the process by which a person can seek to have a historical conviction overturned; and if she will make a statement on the matter. [42459/20]

Helen McEntee (Meath East, Fine Gael)
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I understand that the Deputy is enquiring about the process of a granting a Presidential pardon for historical convictions. 

Given the rarity and the importance of the awarding of a Presidential Pardon, as well as the importance of obtaining an unbiased expert opinion, where an initial consideration of a case by officials in the Department of Justice forms the view was that there was a potential miscarriage of justicein the conviction, it has been previous practice to engage an external expert to give an opinion on the case in question.

As Minister, I then consider the independent expert opinion on any individual and make a decision on whether or not to advise Cabinet that the President should be advised to award a Presidential Pardon, pursuant to Article 13.6.  

It is then a matter for the President to decide, following advice from Government, as to whether to grant the pardon, as that power lies solely with the President.