Question to the Northern Ireland Office:

To ask His Majesty's Government how many times the royal prerogatives of mercy has been exercised in Northern Ireland in each of the past five years.

Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)

The Royal Prerogative of Mercy has not been exercised in Northern Ireland within the past five years.

Question to the Northern Ireland Office:

To ask Her Majesty's Government, further to the Written Answer by Baroness Randerson on 10 July 2014 (HL394), what was the outcome of the Northern Ireland Office’s investigation on the use of the Royal Prerogative of Mercy between 1987 and 1997.

Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)

The use of the Royal Prerogative of Mercy during the period 1987-1997 was relatively common and instances of this were not recorded in a single central list.

As Baroness Randerson said in her Written Answer, officials from the Northern Ireland Office contacted colleagues in the Department of Justice, The National Archives, the Public Record Office of Northern Ireland and the Royal Household to ascertain if they held relevant information.

While individual case records are likely to have been destroyed in accordance with proper protocols, all available details of issued Northern Ireland related RPMs have been located and collated. The Northern Ireland Office continues to meet its obligation to manage records in line with operational needs, best practice, relevant legislation and regulation, and guidance from The National Archives.

Question to the Northern Ireland Office:

To ask Her Majesty's Government how many Royal Pardons have been issued to people in Northern Ireland in the last 25 years.

Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)

The Royal Prerogative of Mercy (RPM) was used 16 times in relation to persons convicted and sentenced for terrorist offences in Northern Ireland between 2000 and 2002; seven times in 2000, six times in 2001, and three times in 2002. It was used to shorten (that is not waive or remove) sentences in relation to individuals who, for technical reasons, were not eligible for the early release scheme established under the Northern Ireland (Sentences) Act 1998.

The RPM was used once in 1998 and once in 1999 in non-terrorism related cases in Northern Ireland. In one case, an individual was granted the RPM following assistance that person gave to the authorities (reduction in sentence for such assistance is now provided for on a statutory basis under the Serious Organised Crime and Police Act 2005). In the other, the RPM was used to commute a portion of a sentence for a soldier who spent time under close military arrest for an offence prior to conviction. Had this person been a civilian, such time (equivalent to being on remand) would have been deducted from the sentence, but there was no statutory provision for this at the time in relation to close military arrest.

Whilst the Secretary of State for Northern Ireland is responsible for recommending the exercising of the RPM for terrorism-related cases in Northern Ireland, since the devolution of policing and justice in 2010, responsibility for making recommendations for the RPM in all other cases lies with the Minister of Justice in Northern Ireland.

The Northern Ireland Office does not hold complete records for 1996 or 1997 due to record retention policies.

Question to the Northern Ireland Office:

To ask Her Majesty's Government what plans they have to publish a list of names of all those who received a Royal Pardon in Northern Ireland in the last 25 years.

Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)

There are no statutory requirements relating to the publication of pardons granted under the Royal Prerogative of Mercy (RPM).

When it is used to shorten, rather than to waive or remove sentences, it is the convention of successive governments not to publish the use of the Royal Prerogative. Its use in Northern Ireland between 2000 and 2002 was in line with the early release scheme established under the Northern Ireland (Sentences) Act 1998: the names of those who benefited from the early release scheme were also not published. The names of those who received the RPM in relation to terrorist convictions in Northern Ireland were made public in the judgement issued in the case of Rodgers [2014] NIQB 79.

Found: Patent . 276 UIN 221302, 20 January 2015, Prerogative of Mercy . 277 UIN HL3802, 8 November 2021, Prerogative