Minister Jim O’Callaghan introduces new approach to applications for consideration of a Presidential pardon
- Published on: 25 March 2026
- Last updated on: 25 March 2026
The Minister for Justice, Home Affairs and Migration, Jim O’Callaghan has secured approval in principle from Government for a new approach to applications for consideration of a Presidential pardon.
Article 13 of the Constitution provides that the right to pardon is vested in the President, exercisable only on the advice of the Government.
Historically, Presidential pardons have been granted sparingly in exceptional cases only. Between 1937 and 2014, only three Presidential pardons were granted, none of which were granted posthumously and none related to cases pre-dating the founding of the State in 1922.
Since 2015, five further pardons have been granted. Four of these relate to convictions that pre-date the foundation of the State.
Minister O’Callaghan said:
“The Constitution provides the President with the power to issue a pardon, on the advice of the Government. There is a high evidentiary bar that must be met to recommend the granting of a pardon to the President, and this is reflected in the low number of pardons that have been granted since the foundation of the State.
"In recent years, the nature of applications for consideration of a pardon have changed to focus on historical cases that pre-date independence from British rule. These cases present several difficulties, not least of which is that the courts that tried these offences were established under the jurisdiction of the previous British administration in Ireland, and not the Irish State itself.
The approach I’m proposing to the application for consideration of a pardon will be in line with the current statutory scheme under the Criminal Procedure Act 1993 and will reserve consideration of Presidential pardon applications to a miscarriage of justice since the foundation of the State.”
To grant pardons a State must acknowledge that it has responsibility for miscarriages of justice administered by that State. There are also significant challenges associated with processing historical cases which predate the foundation of the State, including the likelihood that many of these cases may not be sufficiently documented.
Consequently, under this new approach, only convictions which have been imposed after the foundation of the State in 1922 would be eligible for consideration for Presidential pardons going forward.
Minister O’Callaghan added:
“The granting of a pardon is one of the most significant powers the President can exercise and allows the State to right a manifest wrong that has occurred in the administration of justice.
"However, Presidential pardons under the Constitution should be granted in those circumstances where a miscarriage of justice has occurred under the auspices of the State. Remedying historical miscarriages of justice, while admirable and desirable to many, poses significant challenges, including that convictions pre-dating independence in 1922 occurred under a different legal system, in the name of a different Government.
"I am of the strong view that the policy approach with respect to the processing of Presidential pardon applications needs to be anchored to the foundation of the State when an Irish Government came into existence. By doing so it recognises that the Irish State acknowledges that it has responsibility for any miscarriages of justice that have taken place under its authority.”
In recent years, the volume of requests for Presidential pardons has increased.
While pardons were granted in the past related to cases prior to the foundation of the State, the Government now wishes to ensure that the power to pardon is not in some way devalued by overuse, especially in circumstances where the threshold of proof grounding any proposal for a pardon is lowered due to the passage of time.
Ends
NOTES TO EDITORS
Since the foundation of the State in 1922 only eight Presidential pardons have been granted. Five of these pardons have been awarded posthumously since 2015.
Article 13.6 of the Constitution provides that the right to pardon is vested in the President and, in accordance with Article 13.9, this right is exercisable only on the advice of the Government.
A statutory scheme governing pardons is contained in the Criminal Procedure Act 1993, providing for the right to petition the Minister for Justice for a pardon who, if upon making the necessary inquiries considers that a miscarriage of justice has occurred, may make a recommendation to the Government to advise the President to grant a pardon in respect of the offence of which the applicant was convicted.
This statutory scheme does not limit the power under Article 13.6 of the Constitution but, notably, it does not apply in posthumous cases.
The new approach to applications for consideration will adhere to the statutory scheme under the 1993 Act.