Yesterday I raised in the House the prospect of a successful conclusion to the discussions and negotiations in so far as the Good Friday Agreement and the restoration of the Assembly in Northern Ireland are concerned. In doing so I wished the Taoiseach and his Ministers well in the negotiations. Deputies will recall that last autumn we were tantalisingly close to completion of a successful series of negotiations. Subsequently, when the matter became public knowledge earlier this year, it transpired that one of the issues apparently under discussion was the prospect of the early release of the killers of the late Detective Garda Jerry McCabe. At the time this caused public outrage throughout the Twenty-six Counties. It has been suggested that there is now a similar situation. In view of the guarantees given by the Government, both by the Taoiseach and the previous Minister for Justice, Equality and Law Reform, will the Taoiseach confirm one way or the other whether this matter is under discussion or part of any outstanding matter to be dealt with?

On the general point, the discussions will continue for the next few days. I stated yesterday that I thought it would be a few days as there were still a number of difficult issues that we had to deal with. On the specific question, in the discussions on Northern Ireland for the past five years the release of prisoners has been a major issue. At the time of the Good Friday Agreement we had a large number of prisoners, some of whom were released in 1998 and the remainder in 1999.

In regard to the murder of Jerry McCabe and the injuring of Ben O'Sullivan, we took the view that the prisoners would not be released — it is exactly five years since we said they would not be released — under the Good Friday Agreement. In the subsequent discussions in March last year and one year ago, it was clear that if we were to get to a position where we would have decommissioning of IRA arms held by the IRA leadership in GHQ and there would be instructions to IRA volunteers, the Government, as part of a comprehensive agreement, would give consideration to the early release of the prisoners, not under the Good Friday Agreement but under the earlier Acts, of which I think two are involved. That is still the position of the Government. I have confirmed this a number of times. I know the difficulties involved and that we would have to engage in discussions with the families, which we would do, and the Garda representative body. It is still an outstanding issue. To be frank and open — this is the place to say it — it is my belief that if we are to have a comprehensive agreement, this is an issue that will have to be part of the final deal.

The Taoiseach stated in February 1999:

I have continually and unambiguously made clear since Good Friday, 10 April 1998, that any reference by the Sinn Féin negotiators regarding the release of the late Jerry McCabe's murderers could not be considered ... At no time was anyone given any comfort about these people and neither will they be.

Am I to understand the Taoiseach is confirming that, in the context of a successful conclusion to the discussions which are at a sensitive stage, the killers of the late Detective Garda McCabe will be given early release?

Obviously, the Government would have to have consultations with the families, their representatives and those of the Garda. This is not a question on which I want to have ambiguity. If we are to have a comprehensive deal, this matter will be part of it and I would recommend that that be the case. I do not see how we will be able to deal with it otherwise.