Sorca Clarke
Ceist:185. Deputy Sorca Clarke asked the Minister for Justice the process by which a person can seek to have a historical conviction overturned; and if she will make a statement on the matter. [42459/20]
Amharc ar fhreagraWednesday, 9 December 2020
Ceisteanna (185)
Freagraí scríofa
I understand that the Deputy is enquiring about the process of a granting a Presidential pardon for historical convictions.
Given the rarity and the importance of the awarding of a Presidential Pardon, as well as the importance of obtaining an unbiased expert opinion, where an initial consideration of a case by officials in the Department of Justice forms the view was that there was a potential miscarriage of justice in the conviction, it has been previous practice to engage an external expert to give an opinion on the case in question.
As Minister, I then consider the independent expert opinion on any individual and make a decision on whether or not to advise Cabinet that the President should be advised to award a Presidential Pardon, pursuant to Article 13.6.
It is then a matter for the President to decide, following advice from Government, as to whether to grant the pardon, as that power lies solely with the President.