Vol. 471 No. 1
186 Mr. Dempsey asked the Minister for Justice whether there has been a change in policy regarding the release of prisoners on parole following on the ruling by Mr. Justice Peter Kelly in the Gallagher case; and if she will make a statement on the matter. [20273/96]
I presume the Deputy is referring to the judgment of Mr. Justice Kelly given on 6 September 1996, as one of three judgments of a divisional court of the High Court, on the application of Mr. John Gallagher under Article 40.4.2º of the Constitution — commonly referred to as a habeas corpus application — for his release from the Central Mental Hospital. This judgment dealt with the consideration to be given to a particular case of an application for release from detention from the Central Mental Hospital of a person who had been found guilty but insane and who is detained under the provisions of the Trial of Lunatics Act, 1883. The considerations to be applied in the case of other applicants for parole from prisons did not fall to be addressed by the court.
