FROM THE OFFICE OF THE JUSTICE MINISTER Departmentof Justice Minister’s Office BlockB,
Castle Buildings Stormont Estate Ballymiscaw
Belfast BT43SG Tel:02890528121
Ourref:C0R184312012
Dear .......!
Thank you for your email of 15 August which raises concerns in respect of Mrs Marian McGlinchey.
You have asked me to release Mrs McGlinchey from custody on compassionate grounds so that she can avail of medical treatment. You have also asked me to clarify whether I have sole responsibility for this provision or if my powers are subservient to those of the Secretary of State in this matter.
Healthcare provision Responsibility for the provision of prisoner healthcare in Northern Ireland lies with the Department of Health,Social Services and Public Safety (DHSSPS) and,through the SouthEastern Health and Social CareTrust (SET),that Department is required to provide healthcare arrangements comparable with those available in the community.As Minister of Justice for Northern Ireland,in partnership with colleagues in the SET,I am committed to ensuring that the specific health and social care needs of prisoners in custody are met.Mrs McGlinchey is no exception.
Mrs McGlinchey was transferred to an in-patient setting under the care of the Belfast Health and Social Care Trust on 22June.The decision to transfer Mrs McGlinchey was taken following the clinical assessment of her condition by the SET and in the interests of her health.For as long as she remains in this in-patient setting, the Belfast Trust is responsible for the provision of all her medical needs.
The DHSSPS has confirmed that Mrs McGlinchey is receiving the appropriate level of treatment for her condition.
Release from custody on compassionate grounds Article7 of the Life Sentences (NorthernIreland) Order2001 (LSO) gives the Department of Justice the power to release life sentence prisoners on compassionate grounds,but only if it is satisfied that‘ exceptional circumstances’ exist to justify that release.
However,you should note that the Northern Ireland Act1998 (Devolution of Policing and Justice Functions) Order 2010 (SI2010/976) amended Article7 of the LSO to give the Secretary of State the power to direct that a prisoner should not be released on compassionate grounds without his agreement if his decision to make such a direction is arrived at on the grounds of protected information’ .
‘Protected information ’is defined as meaning information which if disclosed may,in the opinion of the Secretary of State,be against the interests of national security.
In coming to the decision to transfer Mrs McGlinchey to an in-patient setting under the care of the Belfast Trust,I considered all the powers available to me which provide for compassionate release,temporary release and prisoner transfers. In light of the evidence,after reviewing the various options and having taken both clinical advice and the security and public protection considerations applying to her case into account,I concluded that the grounds for compassionate release do not exist in this case but that Mrs McGlinchey should instead be transferred to a secure facility for treatment under Section16 of the Prison Act (NI) 1953.
I remain of the view that Mrs McGlinchey is currently receiving an appropriate level of treatment under the care of the Belfast Trust and I have received no further medical advice from the Belfast Trust to demonstrate that sufficient reasons exist to release Mrs McGlinchey on compassionate grounds
Parole Commissioners Review
All life sentence prisoners remain on licence for life.They can be recalled at any time if they breach the conditions of their licence.The Secretary of State has the power to recall life licensees to prison if he believes that they have become a risk to the public and if his grounds for believing that are based on ‘protected information’.
The Secretary of State’s decision to revoke Mrs McGlinchey’s life licence and recall her to custody was taken on foot of a recommendation by the Parole Commissioners that the risk of serious harm posed by her had increased significantly.
The Secretary of State’s decision is now the subject of a statutory review by the Parole Commissioners. If the Parole Commissioners are satisfied that it is no longer necessary for the protection of the public from serious harm that she should be detained,they may direct Mrs McGlinchey’s release.The decision of the Parole Commissioners is final and cannot be overruled.I should also point out that this review is wholly out with the remit of the Department of Justice.
I trust that this addresses your concerns.
David Ford MLA
Department of Justice
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