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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Commuting of Death Sentence.

Validity of commutation and prison terms

Summary

Shatter and Mitchell challenge the Minister’s position, arguing legislation is needed to let courts impose imprisonment and to avoid doubts about the validity of prison terms attached to presidential commutations. Doherty disputes their interpretation and invites submissions; Mitchell presses the issue, with the Chair ending further supplementaries and brief interjections following.

Is the Minister seriously suggesting that there is some sort of constitutional difficulty in conferring the power on the courts to pass sentences of imprisonment for capital murder? That is not the case and I ask the Minister not to mislead the House in that regard.

Comment on this

I am not misleading the House and the Deputy is trying to misinterpret what I am saying.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

The Minister referred to articles in the Constitution but will he not agree that the Constitution does not explicitly confer any right to make conditional the commutation by the President? Would he not agree that there is some doubt as to the legal or constitutional validity of commuting a capital sentence to any specified term of imprisonment? If this is the case would he not agree that there is need for legislation?

Comment on this

As I have already said, if Deputy Mitchell supports new legislation I would be glad to have his submission.

Comment on this

Is there not a clear need for legislation? There is a distinct possibility that if the President imposes sentences of imprisonment in addition to commuting a death sentence those impositions of imprisonment by the President may be judged invalid by the courts and persons who should be sentenced to terms of imprisonment may get off scotfree.

Comment on this

I support the Deputy's argument. I would be prepared to listen to it.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

Might I ask——

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I have already allowed six supplementaries. We must allow other Deputies to have a chance.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

We are dealing with a fundamental case of human life. The Minister seems to be implying by his replies that there might be some doubt and that he would be prepared to listen to representations in this regard. If he thinks there may be doubts, would he not take the initiative and put beyond all doubt the President's powers to commute the death sentence by proposing specified terms of imprisonment?

Comment on this

We are into sharp practice now.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

The Minister has nodded his agreement and by so doing is implying doubt also.

Comment on this

The Deputy misinterpreted the nod once again.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

The nod will not appear in the record but this comment will.

Comment on this