Northern Ireland Issues

Dáil Éireann Debate, Tuesday - 22 May 2012

Tuesday, 22 May 2012

Ceisteanna (22)

Clare Daly

Ceist:

109Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether the checks and balances which should ensure that the detention (details supplied) of Marian Price is compliant with domestic and international law; if he will liaise with the British authorities to establish the existence of the pardon that she was granted in 1980; his views on the conditions of detention of Marian Price at Ash House, Hydebank Wood Prison; and if he will make a statement on the matter. [24991/12]

Freagraí ó Béal (5 píosaí cainte)

Deputy Eamon Gilmore

This is a legally difficult and complex issue. The concerns referred to in this question have been raised with me by the Pat Finucane Centre and other human rights non-governmental organisations. Following receipt of these concerns, I discussed the issue with the Secretary of State on 27 April last. He told me that the process which led to the detention of the woman in question fully adhered to the law. I was informed that advice was sought from an independent body to verify that the action was pursued in a correct manner. The Northern Ireland Office has confirmed that a royal prerogative of mercy was given to Marian Price on 30 April 1980. It has advised that this pardon was granted in respect of a sentence of 20 years for conspiracy to cause an explosion and not in respect of the sentence of two terms of life imprisonment related to the Old Bailey bombing. On 22 February last, this contention was upheld by the Parole Commission, which ruled that the prisoner is subject to life licence in respect of the two life sentences. Further legal avenues remain available to appeal this decision. I believe the prisoner's legal representatives are exploring these options. I am aware of concerns that have been raised regarding the health of the prisoner, both in terms of her initial incarceration in Maghaberry Prison and her subsequent transfer to the women's ward of Hydebank Wood Prison. I have been informed that every effort is being made to make the prisoner comfortable. I have been advised that a medical expert has requested an assessment visit. I have asked to be informed of the outcome of that visit. In the meantime, my officials are in regular contact with the authorities in Northern Ireland, human rights non-governmental organisations and others close to this case.

Deputy Clare Daly

This is a serious human rights issue. I would like to echo some of the points that were made by Deputy Maureen O'Sullivan earlier. The conditions of Marian Price's detention are cause for serious concern. She is a woman in very poor health. She was isolated for ten months in a men's prison and is now behind a wooden door again, isolated in an area of three cells, with no unsupervised access to fresh air and so on. We need to do more.

The nub of the issue lies with the pardon itself and the fact this pardon seemingly no longer exists. I ask the Tánaiste what further action he can take in order to find it. The reality is she was released under a pardon in 1980 yet last year she was arrested and an order was signed by the Secretary of State for Northern Ireland revoking a licence under the Good Friday Agreement. It is maintained by the Pat Finucane Centre that she was never subject to that licence. No evidence has been produced to dispute that and the pardon seemingly no longer exists. She was freed under a pardon and does not come under the terms of a licence so how can she be lawfully detained at present under a licence that was never in existence in the first place?

Serious concerns have been raised about whether her detention meets the lawful standards and I do not believe these have been answered yet. Will the Tánaiste comment on whether he has discussed where this pardon has gone and why it does not exist, because that was the basis on which she was freed? It is the contention of the Pat Finucane Centre and others that there was no basis to any licence being revoked.

Deputy Eamon Gilmore

As I said earlier, there were a number of sentences in this case. There was a 20-year sentence which, I am informed, was the subject of the royal prerogative. I am further informed that the royal prerogative did not apply to life sentences which she had been given and that those life sentences are subject to the life licence which was withdrawn by the Secretary of State.

As I said, we have raised this issue with the Northern Ireland Office and it has advised that the independent parole commissioners considered the terms of the royal prerogative of mercy after receiving submissions on behalf of the prisoner and on behalf of the Secretary of State. They ruled that the life sentences were not, in fact, remitted by the royal prerogative of mercy and that the prisoner remains subject to the life sentence.

I did receive a letter from a case worker at the Pat Finucane Centre on 27 March last raising detailed concerns on the legality of the conditions of the detention, and I thanked the centre for communicating these concerns to me. My officials have followed up with the relevant authorities since then and these contacts are ongoing. Whatever concerns were raised about the circumstances of detention, there is an obligation to address these concerns and to demonstrate them to be unfounded. I discussed them with the Secretary of State, Mr. Paterson MP, at our meeting on 27 April. He has indicated that the case is currently due for review by the parole commissioners and that he will be guided by their decision.

I am aware of the concerns surrounding the prisoner's health. These concerns led to the prisoner being removed from Maghaberry Prison to the medical wing of Hydebank Prison where, I have been informed, medical and prison administration staff are making every effort to make the prisoner comfortable. Nonetheless, concerns about the prisoner's health persist and I believe these have to be addressed. I have been advised that a medical expert on behalf of the UN Special Rapporteur on the Right to Health has requested an assessment visit. I have asked to be informed on the outcome of that visit.

Deputy Clare Daly

On that point, it is the case that health professionals have recommended she should be in hospital and I ask the Tánaiste to take up that question. He might examine the information on the existence of that royal pardon as stated by the Pat Finucane Centre, which is highly reputable and does not have any agenda or axe to grind. Seemingly, nobody can put their hands on that pardon and assertions are being made about it without the actual document existing, so the evidential basis of her detention is under serious question and those questions have not been answered.

Deputy Eamon Gilmore

As I said, there has been a request for a medical assessment to be carried out on behalf of UN Special Rapporteur on the Right to Health and I have asked to be informed on the outcome of that visit. In respect of whether the royal prerogative applies to the life sentences or whether it applies only to the 20-year sentence, again, the parole commissioners looked at that and they concluded that the life sentences were not remitted by the royal prerogative of mercy and that the prisoner remains subject to life licence. As I also said, however, when I met the Secretary of State on 27 April, he indicated the case was due for review by the parole commissioners and that he would be guided by their decision.