Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Report and Final Stages
Dail Éireann — 2026-06-10
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Jim O'Callaghan (FF), Dublin Bay South

I thank the Deputies for their contributions. I will start with Deputy Ó Snodaigh. Like him and other Deputies, I should also commend people who are not Members of the Oireachtas but who really led the campaign to see this injustice righted, in particular, Karl Hayden and Kieran Rose. I commend them and acknowledge the excellent work they did.
Deputies Ó Snodaigh and Kelly have both asked why the Bill does not apply to convictions prior to 1922. As I said to Deputy Ó Snodaigh earlier on, I have a very strong view that this State does not have responsibility for convictions that were imposed when Ireland was a colony of the United Kingdom. We were not autonomous in exercising and operating our own criminal justice system. Consequently, it would be dishonest and inappropriate for us to go back and say that we have a responsibility for what happened prior to the declaration of the Irish Republic. Really, 1922 is the year that is picked because that is the time when, in effect and notwithstanding the earlier declaration of the Republic, that Irish people became responsible for their own affairs and we operated our own criminal justice system. That is the reason I made the policy decision, and got the approval of the Government, that we would not be going back into the 18th or 19th centuries and issuing pardons to people where we have no liability for what happened to them. Tone and Emmet were convicted of high treason. Are we going to say that we, in some way, are responsible for their convictions and that consequently we could pardon them? I do not think so.
Deputy Ó Snodaigh also mentioned the court documents. The court documents are going to be extremely important. I agree with him in respect of that.
Deputy Kelly spoke about the pre-1922 convictions and I have already answered. He spoke about there not being an independent body but it is going through the Department of justice. There will obviously be independent people appointed as reviewers but I think this is the most efficient way to get it operating, acted out and achieving the objective as quickly as possible. I do not want to set up some separate statutory agency that has glossy reports, takes a year to get up and running and has PR. We just want to get this thing done and this is the best mechanism by which to do it. There is an independent process in respect of it.
I agree with Deputy Kelly about advocacy being very important. That is why we will be advertising this scheme. I know everyone in this House will co-operate in regard to making people aware of it.
Deputy Kelly also asked if I would give consideration to repeating the apology of 2018. I will consider that and listen to what Deputies and people outside have to say. However, I have to say that if you keep repeating an apology, it sometimes lessens the significance of the original apology. I thought that apology in 2018 was very significant and I do not want to take away from it.
Deputy Gannon asked if I was open to considering amendments in the Seanad. Of course I am-----

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Retrieved: 2026-09-28T05:50:47+00:00
Sitting date: 2026-06-10