An up-beat assessment of the Northern Ireland talks was given by the Minister for Justice, Mr O'Donoghue, who told the House the elements of a settlement did exist, and there had been very substantial progress in the multi-party negotiations since September.
Replying to the second stage debate on the Transfer of Prisoners Bill, he said the Government attached deep importance to building confidence as an essential element in the under-pinning of peace in Northern Ireland.
There were a number of areas where a sensitive and generous action could make a significant difference to the talks process. One of the most important, as the Bill recognised, was the prisoner issue. It was essential to focus in an imaginative and progressive way on all the questions relating to those who had been imprisoned in the context of the conflict, both republican and loyalist, while also giving full attention to the concerns of the victims.
He said the talks were now entering what he believed would be the decisive phase. The broad outlines of an agreement were already clear. The basic characteristics, across all the key relationships, should be partnership, fairness and mutual respect. The Framework Document and the draft report of the Forum for Peace and Reconciliation represented the basis of the Government's approach. But it did not wish to impose a blueprint on anyone. It was willing to examine any proposals which met agreed objectives. The Government was also willing to develop more substantial east-west links. These would allow for enhanced co-operation between Britain and Ireland on a wide range of practical issues.
As part of these developments, the Government had expressed its willingness to replace the Anglo-Irish Agreement with a new and more broadly-based agreement.
Cautioning against under-estimating the challenge that faced the talks participants, the Minister added `But the elements of a settlement do exist. If we seize the opportunity, these can be combined into a comprehensive and durable agreement for our time.
The talks provide our best chance to achieve such an outcome." Mr O'Donoghue firmly rejected Opposition efforts to require a review of the operation of a proposed new law on the transfer of prisoners from other countries.
Several senators expressed concern that the Bill would require transferred prisoners to serve much longer sentences here than if they had been convicted in this State of similar crimes. A Fine Gael amendment sought to have this power limited to a 12-month period unless a resolution was passed by both Houses of the Oireachtas.
Mr Fergus O'Dowd (FG) said that the Government measure was very unusual. It was designed to deal with a particular situation of a number of prisoners who had been sentenced to specific terms of 30 to 35 years, whereas the equivalent sentence under Irish law carried a maximum of 20 years. It was generally undesirable to bring about a situation where some prisoners in Irish jails had to serve sentences longer than those prescribed by Irish law. This might be open to legal challenge.
Mr Liam Cosgrave (FG) said that given the difficulties in the Department of Justice recently it was important that a review of the operation of this legislation should have to take place to see if improvements needed to be made.
Rejecting the amendment attempt, Mr O'Donoghue said it would prevent him from being able to give the necessary categoric assurance to the British authorities that the integrity of sentences passed in that jurisdiction would be respected here. The legislation was designed to provide more humane treatment of prisoners, he stressed.
The House passed the Transfer of Sentenced Persons (Amendment) Bill, which Mr O'Donoghue said would facilitate the transfer to this State of prisoners who had been sentenced to periods of imprisonment greater than the maximum penalties allowed under our law for similar offences.