I understand that it is necessary to give notice by seven o'clock of intention to move a Motion on the Adjournment, and it is my intention to move upon the adjournment a certain matter of grave national importance in this country, that is causing the ordinary citizen to wonder. It is the matter that a certain Irishman at the moment lies under sentence of death. It is my intention to move on the adjournment to ask the Government that they should intercede with the President of the State to exercise the prerogative of mercy in the case of Charles Kerins, who now lies under sentence of death.
Committee on Finance. - Raising of Matter for Discussion on Motion for Adjournment.
The matter which the Deputy seeks permission to raise is obviously bound up with the exercise of the prerogative of mercy. Permission has never been given to raise in the Dáil, by question or otherwise, the exercise of that prerogative. The reasons for such refusal are obvious. As far as I have been able to discover, in no country is the exercise of the prerogative of mercy raised in the legislature. The President and the exercise of his prerogative cannot be brought into the political arena. True, he exercises that function at the request of the Government. The power is, by the Constitution, explicitly placed in the Government of deciding whether or not the President be asked to exercise the prerogative. It is obvious that if permission were granted, questions of judicial decisions and possibly of a trial and the conduct thereof would arise. In any case, the question of that prerogative cannot be raised in the Legislature, and the Chair does not accept the Deputy's proposal to raise it.
I am afraid—before you give your decision—you do not understand my request. My request was that this Dáil would ask the Government. We do not want to bring the President into politics or anything like that. I take it that this Dáil is the ruling Assembly in this country.
Will the Deputy state what he meant?
What I mean is this —that this House would ask the Government to intercede. I take it, according to the Constitution, the Government is the servant of this House. It would be far from me to do anything that would not be Parliamentary or to say anything that would be against the Constitution of this State, but I am asking permission to raise the matter so that this House, if it is the wish of this House, would ask the Government to intercede. I am doing that, not from a point of view of politics or anything like that. I am doing it from the point of view of mercy.
The Deputy wanted to have a debate. It is definitely laid down in the Constitution that it is the Government that asks for the exercise of the prerogative of mercy.
Can we not ask the Government to do so?
I do not think it is a matter to raise in this House. It is a matter for the Government and the responsibility is theirs. It is inadvisable—and I think the reasons should be obvious—that such a question should be raised.
If an ordinary citizen can petition the President——
Not on the prerogative.
——surely Dáil Eireann can express a viewpoint.
I may say— though I do not want to interpret the Constitution—that the ordinary citizens have no machinery whatever for petitioning the President in the matter of the exercise of the prerogative of mercy. That is purely for the Government and laid down by the Constitution.
The ordinary citizen petitions the President and he acts on the advice of the Government.
The Chair cannot allow it.
Surely——
I have given a ruling. That is definite.
We are not satisfied with your ruling.
That is unfortunate, but not unprecedented.
It is also laid down in the Constitution that citizens are entitled to fair trial and this man got no fair trial.
That is precisely one indication of the inadvisability of raising it. Judicial decisions cannot be reviewed or questioned in this House.
It is not on that I am raising it.
I am answering Deputy Flanagan whose interjection showed the danger. In this House we have no judicial functions and it is not permissible to criticise judicial decisions.
But we can make a recommendation.
Deputy Flanagan did not start that way.
Our point is that in view of the peace and quietness in the country for the last few years, we believe it would serve no useful purpose to carry out this death sentence on Friday morning.
Again, the Deputy is making a speech on the matter.
Because we believe the young man got no fair trial.
That is precisely one of the reasons why it cannot be raised. The next business.
May I point out that if it were not for the interference with Deputies outside the House, they might not need to raise it inside the House?
We may have that again.
I hope so.
We may.
We are entitled to a hearing in this House.
I have given a ruling and it should be obeyed.
I think we should leave the House in protest.
The Chair has no objection.
I will not leave the House, because I have been sent here by 10,500 people.
And I was sent by 10,000 more.
I regret that you have given that ruling against the Motion.
The Deputy is again debating a matter that has been ruled on. It is unfortunate that he cannot accept it. I do not expect Deputies to agree always with the Chair's rulings but they must obey.
I suppose it is not your fault.
If there is any implication that the Chair was inspired by anybody to so rule, I was not. The decision is mine alone.
That is not what is meant and, if you take it that way, I apologise.
If he is executed his memory will live when Fianna Fáil will be blasted into oblivion.
He will not be the first innocent man to die.