HC Deb 21 March 1996 vol 274 cc487-8
10. Mr. Madden

To ask the Secretary of State for Northern Ireland what recent representations he has received concerning the transfer of Patrick Kelly from prison in Northern Ireland to prison in the Republic of Ireland. [20416]

Sir John Wheeler

While my right hon. and learned Friend has received a number of formal and informal representations, the repatriation of Patrick Kelly is a matter for the Home Secretary.

Mr. Madden

Can the Minister confirm that Patrick Kelly first applied to be transferred to prison in the Irish Republic last autumn and that he was transferred to a prison in Northern Ireland last December? How many more medical reports are necessary before this man is transferred to prison in the Irish Republic so that he can be near his partner and child? He is clearly an extremely sick man. The Government promised to act with generosity and imagination—badly needed in Patrick Kelly's case.

Sir John Wheeler

The prisoner in question remains under the jurisdiction of my right hon. and learned Friend the Home Secretary, but it is true that he has been transferred to Northern Ireland as a temporary condition to facilitate visits from his family who, as I understand it, live in or near Dublin. As to the prisoner's medical condition, that should be a matter not for subjective claims but for objective evidence. As I understand it, his medical condition is not such as to be immediately life-threatening. Thus it remains the position that transfer to the Republic is a matter for my right hon. and learned Friend the Home Secretary to deal with, as Kelly belongs to him in jurisdictional terms.

Dr. Hendron

I wish to add my voice to the case for Patrick Kelly. May I inform the Secretary of State and the Minister that great concern has been expressed about Patrick Kelly by his common law wife and child and by people throughout the island of Ireland? My understanding is that Mr. Kelly is in fact very seriously ill with cancer, and I should have thought that sensitivity and compassion would be shown towards him. I therefore entreat the Minister to use his considerable influence with the Home Secretary to have Patrick Kelly transferred to a prison in the south of Ireland and, hopefully, released soon afterwards.

Sir John Wheeler

I have already explained the procedure to the House. The hon. Gentleman, who is a distinguished medical practitioner, will, I know, fully understand the importance of accuracy in describing the medical condition of the prisoner in question. I remind the hon. Gentleman that the prisoner's condition is not life-threatening, so the matter of a transfer is one for my right hon. and learned Friend to decide in consultation with the Government of the Republic of Ireland. I am sure that my right hon. and learned Friend the Home Secretary will take note of what the hon. Gentleman has had to say.