Dáil Éireann Debate, Wednesday - 20 February 2013
3. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations to the British authorities on the location of the royal pardon which was granted to Marian Price and the late Dolours Price; his views on whether the granting of the pardon is being disregarded as Marian Price continues to be detained in prison and is in very poor health. [9030/13]
View answerGenuine concerns have repeatedly been raised about several aspects of this case by Deputies in the House and I have raised concerns very frankly with the British Government over the past two years, most recently when I met the Secretary of State for Northern Ireland last Monday, 11 February. The individual in question was sentenced in 1973 to two life terms and 20 years imprisonment to run concurrently on charges arising from the bombing of the Old Bailey. She was released in 1980 and has been detained since 13 May 2011 following the revocation of her life licence by the Secretary of State for Northern Ireland.
I discussed the specific issue of her royal prerogative of mercy and the life licence at some length last year with the then Secretary of State for Northern Ireland. He informed me that the royal prerogative of mercy no longer exists but that the issue had been considered by the parole commissioners in Northern Ireland who are tasked with making recommendations to the Secretary of State in relation to parole in such cases. The Parole Commissioners had concluded that the royal prerogative related to the determinate sentence of 20 years and not the two life sentences. Their ruling stated that “the life sentences were not in fact remitted by the Royal Prerogative of Mercy" and that the individual "remains subject to the life licence". The Secretary of State informed me that he had revoked that licence under the powers contained in article 9(1) of the Life Sentences (Northern Ireland) Order 2001.
I have received a full briefing on the assessment of an Oireachtas delegation that recently visited the individual in question. I understand the Parole Commissioners will consider the issue of her continued detention in the coming weeks. In the meantime, I assure the House that my officials will continue to monitor developments in the case very closely.
I acknowledge the fact that the Tánaiste met the group that travelled to Maghaberry and I know that he has made representations to the Secretary of State, Ms Theresa Villiers, MP. However, there appears to be a large grey area. Marian Price and her late sister, Dolours, were given a royal prerogative of mercy in May 1980. Her solicitor gave her the impression that it covered all of the sentences and was not subject to licence. There now appears to be circumstantial evidence to the effect that it is subject to licence. The Northern authorities seem to be misusing this process. Article 9 of the Universal Declaration of Human Rights states: "No one shall be subjected to arbitrary arrest, detention or exile." She has been subjected, as have other prisoners who we will discuss later.
Will the Tánaiste make representations to the Minister of Justice? Under Article 7 of the Life Sentences (Northern Ireland) Order 2001, the Minister has the power to release Marian Price on humanitarian and compassionate grounds. Those of us who visited last week saw a serious deterioration in her physical, mental and emotional health. There are grave fears for her. The review will take place at the beginning of March and will be conducted by the Parole Commissioners for Northern Ireland, who were appointed by the Secretary of State. Where is the fairness?
I have discussed issues relating to this and other prisoners with the Minister of Justice, Mr. David Ford, MLA, including the conditions in which they are being held. The Deputy has described the licence process and the issues that arose in that regard. As she is aware, a court case was also involved.
My understanding is that the Parole Commissioners are due to consider her case shortly. My information is that three dates have been identified for its hearing. It will be heard shortly. The intention is for the commissioners to make a decision shortly afterwards.
I recently discussed the matter with the Secretary of State. I am aware that Deputy Maureen O'Sullivan and other Members have visited Ms Price where she is detained.
The Parole Commissioners do not have investigative powers. They will work based on whatever they are handed, but Marian Price will have no idea what that will be.
Will the review be held in public in the interests of due process, justice, fairness and transparency? I hope that it will. Can the Tánaiste ensure that it will be held in public? If it is not to be held in public, representatives of our Government should at least be allowed to attend in the interests of justice.
Representatives of this Government are keeping a close eye on the case. My officials in Belfast are in touch with the case and report to us regularly. I have taken an ongoing interest, as the Deputy knows. We are in continual contact with the British authorities and the Department of Justice in Northern Ireland on the matter. We will maintain this level of contact.
Can the Tánaiste request that one of the officials from the Northern Ireland Office attend the review?
The Deputy can be assured that our officials will monitor the issue very closely.
