Paramilitary suspects sought for crimes committed in the Republic before the Belfast Agreement are to be granted an "executive pardon" by the State under new proposals announced by the Government today.
Minister for Justice, Equality and Law Reform, Mr Michael McDowell confirmed that a special "eligibility body" would be established to consider the cases of people wanted in this State for offences in connection with the Troubles.
The measures accompanied a move by the British government today to grant an amnesty to 60 so called "on the runs", who fled the North after they were charged with terrorist offences.
But Mr McDowell warned the arrangements in the Republic would not apply to persons convicted of killing of Garda Jerry McCabe or to two other men involved in the 1996 Adare raid who have never been brought to trial.
He said it was the "stated position of the Government that those already convicted of offences relating to the cowardly killing of Garda McCabe and wounding of Garda Ben O'Sullivan will not benefit from early release".
"Equally, arrangements being proposed in this jurisdiction for dealing with what have become known as "On the Runs" will not apply to persons in respect of these offences."
Mr McDowell said the term "On the Runs" related to persons wanted in connection with offences committed prior to the Belfast Agreement "who, if they had been serving sentences for these offences at the time of the Agreement, would have been released early under that Agreement."
He said it was the intention of the Government to deal with these cases under Article 13.6 of the Constitution which allows the President to pardon or commute a punishment imposed by any court in the State.
Mr McDowell said the "eligibility body" will determine whether a person is a "qualifying person" and shall notify the Minister for Justice who in turn would submit cases to Government with a view to recommending that the President use her powers to pardon or commute.
The approach taken in the two jurisdictions reflected the differing constitutional and legal frameworks, he said, but net effect would be same in that "persons benefiting from the arrangements would not be imprisoned".
The Minister said that only a handful of cases are likely to arise in this jurisdiction.
But he said: "It did not mitigate in any way the distress which the operation of this scheme was likely to cause people, particularly those who had been the victims of outrages perpetrated by paramilitary organisations.
Mr McDowell said the proposals were a logical follow through of the early release provisions of the Belfast Agreement and that it would be operated in tandem with the provisions in the UK.
