asked the Minister for Justice if he will introduce legislation to provide a statutory basis for the present procedure whereby death sentences have been commuted to long sentences of imprisonment or penal servitude.

I am not aware of any need for a statutory procedure for something which, according to the legal advice available to me, is provided for in the Constitution itself. The relevant provisions are in Articles 13.6 and 13.9. Indeed there might be doubt about the appropriateness or even the validity of any legislation that purported to regulate the power of commutation of death sentences, a power which under the Constitution is exercisable by the President on the advice of the Government.

However, if the Deputy has any legal arguments in support of the introduction of such legislation perhaps he would communicate them to me in writing and I shall have them examined.

I put it to the Minister that it would be more appropriate if legislation conferred a discretion on the courts to impose sentences of imprisonment having regard to the reality that there has been no capital sentence carried out here for over 20 years. Would it not be more appropriate that this legislation be enacted rather than the courts, as they must do at present, passing sentences of hanging for capital offences?

As I stated, if the Deputy feels, as he appears to, that we should have such legislation, I would be glad to receive in writing his views in support of that claim. I have made my point in regard to the other matter.