The McCabe killers' release saga is producing extraordinary displays of ethical gymnastics from the Government and Sinn Féin, writes Newton Emerson
Senior Government figures have continued to contradict themselves over last October's deal to release the killers of Det Garda Jerry McCabe. In the Dáil the Taoiseach said: "I told Sinn Féin that such a release was not covered by the Good Friday agreement, and I said so, and I said so several times, and I will probably say so several more times before asking Michael McDowell to say something else."
The Tánaiste, Mary Harney, assured RTÉ radio that any release was conditional on the IRA being "stood down for all time, or at least stood up until a better time".
Junior Minister Willie O'Dea remains "ill and uncontactable" following his statement two weeks ago that any such deal would leave him "sickened and speechless". Meanwhile, Justice Minister Michael McDowell has launched a scathing attack on Sinn Féin at a Progressive Democrats' rally in Limerick. "Sinn Féin must abandon its subservient relationship with the IRA", said Mr McDowell. "Subservience to the IRA is the Government's job."
The controversy deepened further when columnist and broadcaster Vincent Browne cast doubt on the legality of holding the four IRA men in Castlerea, pointing out that other prisoners convicted after the agreement was signed have since been released, and that many of these prisoners were guilty of crimes more serious than manslaughter, albeit less serious than capital murder followed by witness intimidation.
"Although the Minister for Justice has wide powers of discretion when releasing prisoners under the agreement he is required to use those powers in 'good faith'," wrote Mr Browne. "Clearly this means ignoring Garda McCabe's widow and doing whatever Sinn Féin wants."
However, the Government's position has been defended by constitutional experts at the Department of Constitutional Experts, following careful examination of a section of the Belfast Agreement which they know journalists won't understand.
"Where applicable to Northern Ireland, the agreement is an international treaty with Britain and hence fully binding," explained a department official yesterday, "but where applicable to the Republic of Ireland we can do whatever we like and to hell with the Brits. Tiocfaidh ár lá!"
Unexpectedly this argument has been criticised by Sinn Féin's Caoimhghín Ó Caoláin. "Decisions based on the exercise of absolute Irish sovereignty can only be taken by the Army Council," said the Cavan-Monaghan TD yesterday. Mr Ó Caoláin is believed to be the only former bank manager in the world ever to have campaigned for the release of armed bank robbers.
Concerns are now being raised about the wider implications for the peace process, following a highly destabilising incident when Limerick Leader journalist Dearbhla Acheson asked the Sinn Féin national chairperson, Mitchel McLaughlin, to apologise for the killing.
"I regret all of the deaths and I intensely regret what happened to Garda McCabe," said Mr McLaughlin. "Do we apologise? Do we accept responsibility for what happened to Garda McCabe?
"I think if people are prepared to recognise that we were all part of a moment of failure, that resulted in the collapse of the IRA cessation, during which period the killing occurred, they should also share that responsibility. So would you be asking anyone else to apologise for the killing?"
Government sources say this statement indicates a considerable willingness to move on Sinn Féin's part.
"Just four months ago Arthur Morgan TD was using expressions like 'the prisoners convicted of involvement in the tragic events that led to the death of Garda McCabe'," explained one official. "Mitchel McLaughlin may not have apologised as such but by referring to 'the killing' he has signalled a seismic shift in republican thinking that can only lead to formal recognition of the police North and South, complete decommissioning of all terrorist weaponry and the total disbandment of the IRA, possibly within Bertie's original 12-month deadline. We'll have to keep an eye on the Limerick Leader though - it's clearly a threat to national security."
Sinn Féin president-for-life Gerry Adams is confident voters next month will not be distracted by the McCabe scandal. "The people of Ireland want the Good Friday agreement to work," said Adams yesterday. "In an all-Ireland analysis within the framework of that context they will understand that backing out of a dodgy deal is much worse than shooting a policeman."
Det Garda Jerry McCabe was manslaughtered with 14 bullets fired at close range. Two of his manslaughterers remain at large.
Newton Emerson is editor of the satirical website portadownnews.com