asked the Minister for Justice whether he will consider amending the law so as to (a) abolish capital punishment for murder, and (b) distinguish in such cases, for the purposes of assessing degrees of guilt, between conditions of reduced or diminished responsibility which are medically believed to exist in certain of these cases.
Ceisteanna—Questions. Oral Answers. - Capital Punishment.
31.
The law in relation to murder has been considered by me and my predecessors at various times, both generally and as respects the specific matters referred to in the question, but I am not satisfied that it is desirable to alter the existing law with respect to either matter.
Is the Minister aware that this is a British invention and that, under the Brehon Laws, it merited that, a fine, since we are so found of quoting antiquities?
I am sorry the Minister will not reconsider the question of capital punishment. Does the Minister not agree that to the rather unsatisfactory device of a recommendation to clemency and mercy, some alternative should be available?
The greatest safeguard which any of these people on a capital charge have is the fact that the jury are listening to the case, hearing the evidence, and in making their decision they are all reasonable people and in their own good judgment, they make a recommendation to mercy if they deem that desirable. From my own experience, I know that the Government take that recommendation into serious consideration and I think that is as good a safeguard as is possible and necessary to have.
Surely that is the very reason—the jury are there hearing the full evidence——
Surely this is argument and not a question?
Surely that is sufficient reason to suggest an alternative punishment to the death penalty? The Cabinet are not in that happy position.