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Dáil Éireann debate -
Tuesday, 15 Dec 1998

Vol. 498 No. 4

Written Answers. - Mitigation Petitions.

Michael Ring

Question:

378 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason an adjudication has not been made on a petition opened on behalf of a person (details supplied) in County Mayo three and a half years ago; and the reason for the delay in this regard. [27435/98]

The operation of the petitions procedure fundamentally changed in April 1995 as a result of a High Court judgment on petitions. The processing of petitions virtually ceased while the implications of the judgment were considered. New guidlines and procedures to give effect to the judgment were subsequently issued.

In November 1997, I directed that a petitions clearance programme be undertaken with a view to having all outstanding petitions, including applications to have a petition opened, finalised in the shortest possible time. Substantial progress is being achieved; for example, in the 11 month period to the end of November 1998, 1,768 decisions have issued to petitioners, compared with 671 for the calendar year 1997.

The 1995 High Court judgment on petitions stated that the power of clemancy which I may exercise must be used sparingly and only in special and exceptional circumstances. As a consequence of applying the High Court judgment to the assessment of petitions or applications to open a petition, approximately 99 per cent of petition cases which I have adjudicated on have had to be refused.

A decision will issue shortly to the Deputy and the subject of the petition.

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