The mechanism proposed by the Government to deal with "on-the-run" terrorist suspects in this jurisdiction has generated considerable opposition within the Dáil and controversy among the general public.
It represents the first time a presidential pardon would be used in such a fashion. And while the Taoiseach maintains the approach accords with the provisions of the Constitution, his view has been challenged from the Opposition benches and by some lawyers.
In such circumstances - and this is a highly unusual situation - the Government would perform an important public service by publishing the legal advice it received on the matter from the Attorney General. Such action would clarify the constitutional position while providing an insight into why this particular route was chosen.
As things stand, there is concern the Government has chosen a political short-cut in order to minimise the kind of negative publicity that has accompanied the legislative approach adopted in Northern Ireland. The simplicity of the presidential pardon system may be its most attractive feature. However, use by Ministers of powers in recent years, under which penalties imposed on their constituents were reduced without reference back to the courts, has given rise to concern within the judiciary. This new proposal would push out those boundaries and involve an effective amnesty. Those responsible for pre-1998 acts of murder and criminality would never be formally charged, found guilty, or serve a prison sentence.
Presidential pardons were used to free nearly 50 paramilitary prisoners, following the signing of the Belfast Agreement, in 1998. But those who qualified had first to serve two years in jail. And the murderers of Det Garda Jerry McCabe were excluded. It has been suggested the Government's determination to keep those particular prisoners locked up dictated its present course of action. That is an unconvincing argument, given its willingness to release them some time ago.
What is certain is that an understanding was reached between the two governments and Sinn Féin that tidying-up measures would be introduced to deal with "on-the-runs", once IRA decommissioning had taken place. That is now being implemented, but with an extra twist because of the inclusion by the British government of members of the security forces and others not yet identified. More than 2,000 unsolved murders remain outstanding from the Troubles.
The bereaved families are, understandably, upset by these developments. And while the British government has agreed to consider amendments to its legislation, it remains committed to its broad thrust. A more flexible attitude should also be adopted in this jurisdiction. Public confidence would benefit from a detailed explanation of the options available to the Government, including the release of its legal advice. In the same way, the views of President McAleese on the use of the presidential pardon in this unusual manner should be made known.