The Government's handling of the controversy surrounding the possible release of those involved in the murder of Detective Garda Jerry McCabe in 1996 has been inconsistent and damaging to public confidence.
Its failure to make contact in a considerate, timely and confidential way with the family of the dead policeman to explain the changing situation in relation to Provisional IRA prisoners was inexcusable. And its attempt to pretend there had been no change in official policy was simply risible.
The general secretary of the Garda Representative Association, Mr P J Stone, yesterday called for honesty and clarity in relation to the issue, before he met the Minister for Justice, Mr McDowell. But he left no doubt that his members were vehemently opposed to early releases. At the same time, the McCabe family issued a statement drawing attention to the Government's commitment that the men would serve out their sentences. And, as an indication of local sentiment, a former minister for justice and Fianna Fáil candidate in the European elections in Munster, Mr Gerry Collins, spoke out against early release.
Fine Gael has been particularly critical of the Government's behaviour. The party leader, Mr Enda Kenny, accused it of misleading the public and of making secret deals with the IRA. The Labour Party leader, Mr Pat Rabbitte, questioned how the Government could come to such an arrangement while criminal activity identified by the Minister for Justice was taking place.
The Taoiseach, Mr Ahern, has belatedly explained to the Dáil that agreement on the issue was reached last March as part of efforts to re-establish the Northern Ireland executive. It was viewed by him as a crucial element in encouraging the Provisional IRA to end its activities. The Tánaiste, Ms Harney, later emphasised the releases would not have occurred unless all paramilitary activity had ceased and the IRA had been stood down forever.
The Government was, of course, entitled to change established policy in relation to the prisoners, especially if it contributed in a significant way to peace on this island. But the question arises as to timing and whether the conditions for releases outlined in recent days by the Taoiseach and Tánaiste could have been met. The Sinn Féin leader, Mr Gerry Adams, who negotiated the deal, has confirmed that the men were to be freed within 12 months.
Early last year, the IRA confirmed in a statement it would put all weapons beyond use and that its war would effectively be over, if the remaining elements of the Belfast Agreement were implemented. But the timescale involved in that process was unclear.
Was a process to end all paramilitary activity being put in place with a twelve-month deadline? The Government's secret commitment to release the McCabe killers can only be judged in the context of the published and unpublished agreement which was stopped in mid-sequence last autumn.