HC Deb 16 March 1995 vol 256 cc1013-4
3. Mr. Sutcliffe

To ask the Secretary of State for Northern Ireland what progress he has made in discussing the release on licence of Private Lee Clegg.

Sir Patrick Mayhew

Private Clegg was informed last week that his case will be referred to the life sentence review board for consideration at its meeting on 6 June.

Mr. Sutcliffe

The case was reviewed on 20 January, so why was it so long—until last Monday—before we found out that it is to be reviewed again in June? The life sentence review board met in February and is to meet again in April, but we are told that Private Clegg will have to wait until June. Is it not the Secretary of State who takes the final decision on the recommendations? When will he be in a position to announce Clegg's release in view of the weight of evidence that proves that Clegg was not responsible for what took place?

Sir Patrick Mayhew

I acknowledge the hon. Gentleman's concern and I wrote a letter to him that he should have received yesterday or today. In line with normal procedures, Private Clegg's case has been reviewed with a view to determining when it should be considered by the life sentence review board, the body which advises the Secretary of State on the release of life sentence prisoners. The question of eligibility for release on life licence is, rightly, always considered with great care and in great detail. I am satisfied that 6 June is the appropriate date for consideration of the case by the board.

Mr. Brazier

Further to the previous question, may I urge my right hon. and learned Friend to include in the review of such cases, with which he is assisting my right hon. and learned Friend the Home Secretary, the fundamental question whether it is possible in principle for a criminal offence of any sort to occur during a volley of shots, the first of which—indeed, all but one of which—was deemed to be legal, given that under British law one has to have a guilty intent to be guilty of a crime of this kind?

Sir Patrick Mayhew

Again, I know of my hon. Friend's close interest in these matters. He will know the terms in which my right hon. and learned Friend the Home Secretary announced the review of the law of murder. My hon. Friend rightly draws attention to the central feature of the criminal mind, known to lawyers as the mens rea, and I do not doubt that such matters will be under consideration.