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Dáil Éireann debate -
Wednesday, 9 Mar 1994

Vol. 440 No. 2

Written Answers. - Presidential Pardon.

Liz O'Donnell

Question:

37 Ms O'Donnell asked the Minister for Justice if the issue of the legal effect of a presidential pardon has been considered, as promised on Committee Stage of the Criminal Procedure Bill, 1993; and if she will make a statement on the matter.

Michael McDowell

Question:

51 Mr. M. McDowell asked the Minister for Justice if the issue of the legal effect of a presidential pardon has been considered, as promised at Committee Stage of the Criminal Procedure Bill, 1993; and if she will make a statement on the matter.

I propose to take Questions Nos. 37 and 51 together.

What was at issue in the debates on the Criminal Procedure Bill, 1993 was whether a definition setting out the effect of a pardon should be inserted in the Bill.

In that regard I am satisfied that there is no need to define by statute the legal effect of a pardon. Apart from constitutional or other considerations involved, a definition would be unnecessary since, under existing procedures, pardons can be worded in such a way as to achieve for practical purposes the same effect as a definition.

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