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04/08/2011
'No Release' But Lillis Campaign Continues
The campaign to free a sick republican prisoner, Brendan Lillis, is continuing, despite earlier comments from the Justice Minister that he wouldn't be considered for compassionate release.
Lillis was released from prison in March 1993 having served over 16 years of four life sentences following his conviction of four separate bombing charges in 1976.
He was re-arrested in October 2009 on new charges and his life licence was revoked by the then Secretary of State, Shaun Woodward, in November 2009.
The charges against Mr Lillis in connection to his re-arrest in 2009 were not proceeded with as the court took the view he was not fit to stand trial. The charges remain against him.
Today, the Minister, David Ford met with Roisin Lynch, the partner of the life sentence prisoner.
The Alliance party Leader and Executive Minister confirmed that he has received advice on the issue of compassionate release for Lillis and, in line with his responsibilities under the legislation, is now continuing to keep the issue under consideration.
Earlier today, the Minister was reported to have rejected calls for the release of a sick republican prisoner on compassionate and humanitarian grounds.
Now, Minister Ford said that while he had reassurances from medical staff at Maghaberry that Brendan Lillis was receiving adequate care at the prison hospital, he informed Ms Lynch that he is seeking additional independent medical advice and will invite Mr Lillis's legal team to make further representations on the case for compassionate release.
David Ford said: "I used today's meeting with Ms Lynch to explain the legal position in relation to the release of a prisoner on compassionate grounds and my role and responsibilities as Justice Minister.
"The Department refers the cases of recalled life sentence prisoners to the independent Parole Commissioners who will direct the prisoner's release on licence if satisfied that the prisoner does not pose a risk of serious harm to the public. As with any life sentence prisoner who has been recalled to prison, Mr Lillis's case has been referred to the Commissioners.
"In addition, under the legislation I can look at the issue of compassionate release and I am continuing to keep that under review.
"To inform me of all the facts in this case, I have asked for additional independent medical advice and will invite Mr Lillis's legal team to make fresh representations on why he should be considered for compassionate release.
"I will also make that information available to the Parole Commissioners."
He said that, under Article 7 of the Life Sentences (Northern Ireland) Order 2001, the Minister may release a life sentence prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner's release on compassionate grounds.
But, before releasing a prisoner, the Minister has to consult the Parole Commissioners, unless circumstances make that impracticable.
Speaking this morning, the Minister also confirmed to Ms Lynch that he has been updated on Mr Lillis's medical condition and his current state of health.
David Ford said: "I am satisfied that the Northern Ireland Prison Service and its healthcare partners in the South Eastern Health and Social Care Trust are managing Mr Lillis' full health care needs."
However, the complexity of this case has highlighted the lack of guidance available to a Minister when considering the issue of compassionate release, and the Department of Justice will develop a policy on this sensitive issue.
"Since this legislation was introduced a decade ago, it has been used on only two occasions. In one case, a prisoner died shortly after being released and in the other, the health care needs of the individual could no longer be managed in a prison setting.
"This case highlights the need to publish a robust and transparent policy on compassionate release. I will be asking my officials to work with the Justice Committee to take this forward when the Committee resumes."
Speaking after accompanying Brendan Lillis' partner Roisin, to a meeting with the Justice Minister David Ford, Sinn Fein Assembly member Jennifer McCann said that it "was our firm view that Mr Ford had the power to release Brendan Lillis one humanitarian and compassionate grounds and that is what now needed to happen".
"David Ford needs to step forward and do the right thing. Brendan Lillis has already been deemed by the authorities too ill to stand trial. He has been bed ridden for two years. He is a threat to nobody.
"The legal advice that I have seen is very clear. David Ford has the power to act. He does not have to wait on the Life Sentence Review Commission to meet.
"Brendan Lillis should be released on compassionate and humanitarian grounds now and allowed to be admitted to an outside hospital where he can receive proper medical care," she urged.
However, the DUP has already stated its firm opposition to the prisoner being freed, while the deputy First Minister, Martin McGuinness - the Sinn Fein MP - has insisted he should be released.
See: McGuinness Wants Brendan Lillis Freed
(BMcC/GK)
Lillis was released from prison in March 1993 having served over 16 years of four life sentences following his conviction of four separate bombing charges in 1976.
He was re-arrested in October 2009 on new charges and his life licence was revoked by the then Secretary of State, Shaun Woodward, in November 2009.
The charges against Mr Lillis in connection to his re-arrest in 2009 were not proceeded with as the court took the view he was not fit to stand trial. The charges remain against him.
Today, the Minister, David Ford met with Roisin Lynch, the partner of the life sentence prisoner.
The Alliance party Leader and Executive Minister confirmed that he has received advice on the issue of compassionate release for Lillis and, in line with his responsibilities under the legislation, is now continuing to keep the issue under consideration.
Earlier today, the Minister was reported to have rejected calls for the release of a sick republican prisoner on compassionate and humanitarian grounds.
Now, Minister Ford said that while he had reassurances from medical staff at Maghaberry that Brendan Lillis was receiving adequate care at the prison hospital, he informed Ms Lynch that he is seeking additional independent medical advice and will invite Mr Lillis's legal team to make further representations on the case for compassionate release.
David Ford said: "I used today's meeting with Ms Lynch to explain the legal position in relation to the release of a prisoner on compassionate grounds and my role and responsibilities as Justice Minister.
"The Department refers the cases of recalled life sentence prisoners to the independent Parole Commissioners who will direct the prisoner's release on licence if satisfied that the prisoner does not pose a risk of serious harm to the public. As with any life sentence prisoner who has been recalled to prison, Mr Lillis's case has been referred to the Commissioners.
"In addition, under the legislation I can look at the issue of compassionate release and I am continuing to keep that under review.
"To inform me of all the facts in this case, I have asked for additional independent medical advice and will invite Mr Lillis's legal team to make fresh representations on why he should be considered for compassionate release.
"I will also make that information available to the Parole Commissioners."
He said that, under Article 7 of the Life Sentences (Northern Ireland) Order 2001, the Minister may release a life sentence prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner's release on compassionate grounds.
But, before releasing a prisoner, the Minister has to consult the Parole Commissioners, unless circumstances make that impracticable.
Speaking this morning, the Minister also confirmed to Ms Lynch that he has been updated on Mr Lillis's medical condition and his current state of health.
David Ford said: "I am satisfied that the Northern Ireland Prison Service and its healthcare partners in the South Eastern Health and Social Care Trust are managing Mr Lillis' full health care needs."
However, the complexity of this case has highlighted the lack of guidance available to a Minister when considering the issue of compassionate release, and the Department of Justice will develop a policy on this sensitive issue.
"Since this legislation was introduced a decade ago, it has been used on only two occasions. In one case, a prisoner died shortly after being released and in the other, the health care needs of the individual could no longer be managed in a prison setting.
"This case highlights the need to publish a robust and transparent policy on compassionate release. I will be asking my officials to work with the Justice Committee to take this forward when the Committee resumes."
Speaking after accompanying Brendan Lillis' partner Roisin, to a meeting with the Justice Minister David Ford, Sinn Fein Assembly member Jennifer McCann said that it "was our firm view that Mr Ford had the power to release Brendan Lillis one humanitarian and compassionate grounds and that is what now needed to happen".
"David Ford needs to step forward and do the right thing. Brendan Lillis has already been deemed by the authorities too ill to stand trial. He has been bed ridden for two years. He is a threat to nobody.
"The legal advice that I have seen is very clear. David Ford has the power to act. He does not have to wait on the Life Sentence Review Commission to meet.
"Brendan Lillis should be released on compassionate and humanitarian grounds now and allowed to be admitted to an outside hospital where he can receive proper medical care," she urged.
However, the DUP has already stated its firm opposition to the prisoner being freed, while the deputy First Minister, Martin McGuinness - the Sinn Fein MP - has insisted he should be released.
See: McGuinness Wants Brendan Lillis Freed
(BMcC/GK)
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