Bill proposes body to tackle prisoner issue

The accelerated release of paramilitary prisoners was one of the most contentious parts of the Belfast Agreement, the Minister of Justice said as he introduced legislation on the issue.

"A very difficult judgment had to be made about what circumstances would bring about the best chance of ensuring that peace would prevail on the island," said Mr O'Donoghue opening the debate on the Criminal Justice (Release of Prisoners) Bill.

"I know from my own contacts, particularly with the relatives of members of the Garda Siochana who were killed in the course of duty, the difficulties which many of them have with what is being proposed," the Minister said.

But a judgment had to be made about the circumstances "that might prevent future needless death and destruction; that could mean that those families grieving at present would not inevitably be replaced by generations of newly bereaved.

"In short, we were trying to ensure that in future people of the island would not be imprisoned by history in a hopeless cycle of violence.

"It is important that the message goes out clearly from this House today that we are fully aware of the plight of victims and will continue to address their concerns as best we can."

The Bill's main proposal is to establish a commission on the release of prisoners to advise the Minister on "qualifying prisoners". A barrister or solicitor would be appointed to chair the commission which would also include a member of the probation service and an officer of the Minister.

Mr O'Donoghue said specific legislation was not necessary for the releases envisaged in the agreement but there was "a broader political issue at stake". All sides agreed "we should not do anything which might be open to the perception that we are not complying fully with all the terms of the agreement".

The Minister said he had appointed former Tanaiste, Mr John Wilson to review the services for those in the State who had suffered as a result of violent action associated with the Northern conflict.

Opposition deputies welcomed the legislation but criticised the vagueness of measures regarding the commission. Mr Charles Flanagan (FG, Laois-Offaly) said the Bill was "strangely silent on the role and function of the commission, other than to advise, without any real or adequate power".

Victims and relatives should be informed when offenders were about to be released and the reasons for their release, he said. The price of prisoner releases was worth paying although it was "high and fraught with difficulties". There were 47 paramilitary prisoners in this State, but 700 in the North, he said.

Sinn Fein deputy Mr Caoimhghin O Caolain (CavanMonaghan) welcomed the legislation and said it was in line with the outcome of the Stormont multi-party talks.

"Republicans have acknowledged time and time again, the hurt and pain for which we have been responsible. We, more than most, know the reality of loss, as we have suffered loss and more ourselves," he said. "But to set victims against prisoners and their families, who have themselves suffered much, is to return to the old mindset of conflict."

Labour's justice spokesman, Mr Pat Upton, said his party's view that there should be legislation was the correct one, given the Government's original assessment that there was no need for such legislation.

The Government could have been rightly criticised that it "stood in breach of an explicit commitment" given at the talks to provide specific legislation tailormade for the agreement.

The Democratic Left leader, Mr Proinsias De Rossa, welcomed the legislation but was disappointed the Government had "taken the absolutely minimalist approach and established a commission with few real functions".