The Attorney General has still not ruled on the transfer of powers from the Minister for Justice, Mr McDowell, to another Cabinet member so a decision can be made whether convicted murderer, Malcolm MacArthur, be transferred to an open prison.
The Parole Board recommended in August that Mr MacArthur, who was convicted in 1982 for the murder of nurse Bridie Gargan in the Phoenix Park, move to an open prison. Normally, the Minister for Justice would act on a Parole Board recommendation. But as Mr McDowell was a junior counsel for the defence in the MacArthur trial, he asked that another Minister should consider the case.
A Department of Justice spokesman said last night the matter had been referred to the Attorney General two weeks ago, and was still being processed. It is understood the Department is anxious that a decision be made quickly so the matter can be dealt with.
When a Minister leaves the country for a period of time his or her powers are transferred to another member of Cabinet. But this case is unprecedented as only a portion of a Minister's powers have to be transferred.
"This has never arisen before and we were not sure of the legal ground so the matter was referred to the AG," according to the Department source.
MacArthur is one of the State's longest-serving prisoners. The Parole Board considered psychological and psychiatric reports before making its recommendation and feels that moving MacArthur to an open prison would provide an opportunity to test whether he is fit to be released.
MacArthur was also sought in connection with the murder of an Offaly farmer, Mr Donal Dunne. Mr Dunne's family said last month they believed MacArthur posed a threat to society and their family. In 1983 the DPP, Mr Eamonn Barnes, decided not to prosecute MacArthur for Mr Dunne's murder because he had pleaded guilty to the murder of Ms Gargan.