Ian Simms, the murderer of Helen McCourt, is due to be released from prison after the Parole Board rejected an appeal by the justice secretary to rethink its decision to free him.

Simms was sentenced to a minimum of 16 years after killing the 22-year-old in 1988 as she walked home from work in Billinge, Merseyside. He has never expressed remorse.

The justice secretary, Robert Buckland, called on the Parole Board to reconsider the decision to release Simms, after it concluded that he no longer posed a risk to the public, having served more than 30 years in prison. But the board rejected arguments from the Ministry of Justice (MoJ), and the former pub landlord could now be released within weeks.

The victim’s mother, Marie McCourt, has campaigned for four years for a new law that would force the Parole Board to consider a killer’s refusal to reveal the location of their victim’s body before approving their release.

However, the proposed legislation – known as Helen’s law – was delayed and not put before parliament last year because of the election. The bill returned under its official title of the prisoners (disclosure of information about victims bill) in the Queen’s speech last month.

Ian Simms arriving at St Helens magistrates court in 1988. Photograph: PA

The Parole Board approved Simms’ application for release in November, prompting criticism from Buckland, who called the decision “irrational” .

A Parole Board spokesman said: “The Parole Board has decided that the original decision to release Ian Simms should stand, after considering a reconsideration application from the secretary of state.

“Whilst the Parole Board has every sympathy with Helen McCourt‘s family, if the board is satisfied that imprisonment is no longer necessary for the protection of the public, they are legally obliged to direct release.”

Marie McCourt said: “I am very disappointed with the Parole Board’s announcement and do not accept what they are saying – – that Simms is safe to be released. I am consulting my legal team to discuss my next steps.”

Helen McCourt Photograph: Family Handout/PA

In a four-page judgment seen by the Daily Telegraph, the former parole board chairman Sir David Calvert-Smith rejected each of the five grounds submitted by the MoJ for reconsidering the original decision.

Calvert-Smith concluded it was impossible to characterise the original decision, its reasoning and conclusions as “irrational ... accordingly the application for reconsideration is refused”.

Buckland said the MoJ was disappointed with the outcome, adding: “I understand this will be extremely upsetting for the family of Helen McCourt and my heartfelt sympathies remain with them.

“Marie McCourt has told me and my predecessors repeatedly of the additional anguish experienced by her and others in similar situations. I hope Helen’s law, which is now before parliament, will serve as a lasting legacy to Helen and to the bravery of Marie and her family.”

The board’s original reasoning for the proposed release noted that Simms’s continued refusal showed a lack of empathy which continued to cause “distress and misery” to McCourt’s family, but it stated that there had been a “considerable change” in his behaviour since the killing, and argued that his lack of involvement in violence or drug misuse for many years meant he met the release criteria.

Simms would have to live at a designated address, show evidence “of good behaviour” and report for supervision appointments, it added.