Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I thank the Leas-Cheann Comhairle for selecting this matter. It has been on the agenda for some time. I realise there have been some initiatives in the United States in the intervening period. At the outset I want to congratulate the Minister of State, Deputy Murphy, on his appointment to the Department. The issue is the brutal murder of Derek Smallhorne from Bluebell and Thomas Barrett from Macroom when serving as part of the 46th Infantry Battalion near the village of Maroun al-Ras in 1980. We understand they were murdered by a self-confessed individual, Mahmoud Bazzi, who claimed that the murders had been carried out in retribution for deaths that had taken place earlier in April 1980 at the battle of At-Tiri. Mahmoud Bazzi subsequently left south Lebanon and took up residence in the United States of America, and we understand he has been living in Detroit for the past 34 years. Diplomatic efforts have been made by various Governments over the years to highlight the fact that this man was living with impunity in the United States of America but it seems that no efforts have been made to bring him to justice, notwithstanding the fact that there is no extradition arrangement between Lebanon, where the murder occurred, and the US.

One would have to pay tribute to the two families involved, the Smallhornes and the Barretts, for carrying on a dignified campaign on behalf of their family members over the years. In particular I pay tribute to the Justice for Smallhorne and Barrett Committee, which was recently established with the participation of people like John O'Mahony, who was injured in the attack, Paul Clarke, and led by Robbie Masterson. They have been very effective in highlighting this issue nationally and internationally, and their dignified vigils held outside the US Embassy recently have served to highlight the issue once again. Bazzi was arrested in recent days and he is being held as a result of immigration charges emanating from the Department of Homeland Security.

It is important that active engagement continues between the Department of Foreign Affairs and the US authorities. There should be active engagement with the Lebanese authorities in the event of Bazzi being deported from the United States of America.

I understand the Taoiseach raised this matter with the Lebanese authorities during his recent visit to the UNIFIL troops. It would be important to hear the response given to the Taoiseach during that meeting but it is important also that there is continued engagement among the Irish authorities, the US immigration authorities, the Department of Homeland Security and the Lebanese Government because if this man is deported to the Lebanon, which all of us would wish to see, it is vital that he is arrested and charged with very serious crimes, which are effectively war crimes.

Dara Murphy (Cork North Central, Fine Gael)
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I thank Deputy Ó Fearghaíl, with whom I served on committees and had other interactions, for his kind words. I know he has a great interest in this area on which there tends to be much more consensus than is the case in other areas.

I thank the Deputy for raising the issue of the tragic deaths of Private Derek Smallhorne and Private Thomas Barrett, who served their country as peacekeepers with the United Nations Interim Force in Lebanon, UNIFIL. As the House will be aware, on 18 April 1980, they were both cruelly murdered and another soldier, Private John O'Mahony, was seriously injured in an incident in Lebanon. Since this tragic event in 1980, the families have engaged in dignified campaigns, as the Deputy mentioned, but successive Governments also have made every effort to ensure justice for Privates Barrett and Smallhorne.

Since the murder, the Department of Foreign Affairs and Trade, in conjunction with the Department of Defence, the Attorney General's office and the Office of the Director of Public Prosecutions have examined all measures open to the Irish authorities to bring the perpetrator, or perpetrators, to justice. I understand that following an examination of the available evidence by the Office of the Director of Public Prosecutions, as well as an assessment of the jurisdictional issues by the Office of the Attorney General, it was concluded that it would not be possible for Ireland to pursue a prosecution against the alleged perpetrator. Accordingly, we have focused our efforts on ensuring the alleged perpetrator of the crime is tried where it occurred, as mentioned by the Deputy.

As Privates Smallhorne and Barrett were killed in the line of duty with UNIFIL, Lebanon is the country with primary jurisdiction in this case. As such, my colleagues in the Department of Foreign Affairs and Trade have maintained diplomatic contact at the highest level with the Lebanese authorities to ensure justice is done for Privates Smallhorne and Barrett and, crucially, their families. Most recently, the matter was raised with the Lebanese authorities by the Taoiseach during his visit to UNIFIL on 16 June 2014.

The Lebanese authorities have advised on numerous occasions that, as the alleged perpetrator of the crime resides in the United States, proceedings against him cannot be initiated at this point. Furthermore, the Lebanese authorities cannot request his extradition from the United States as no extradition treaty currently exists between the two countries. However, my colleagues in the Department have received assurances that in the event the alleged perpetrator of the murder of Privates Smallhorne and Barrett is returned to the Lebanon, the national authorities there will be of every possible assistance.

As the alleged perpetrator of the crime has been residing in the United States, the Department is also in continual liaison with the US authorities regarding the case, both through our embassy in Washington and through contact between the Department's headquarters in Dublin and the US Embassy in Ireland. Earlier this year, the US authorities confirmed that the Department of Homeland Security was investigating the matter. The Department of Defence also liaises regularly with the US authorities on this matter.

Mr. Bazzi, the alleged perpetrator of the murder of Privates Smallhorne and Barrett, was arrested at his home in Dearborn, Michigan for administrative immigration violations and is now reportedly being held in custody by the US Immigration and Customs Enforcement authorities pending removal proceedings.

While this news is very welcome on one level, I would like to emphasise that no finding has yet been made in the case against the alleged perpetrator and we should be careful in our public statements not to be seen to be intervening in legal proceedings in another jurisdiction. As the Minister, Deputy Coveney, stated yesterday, this development represents a first step on a further long and difficult road to the resolution of this matter. However, I would like to assure the House that the Minister and my colleagues in the Department of Foreign Affairs and Trade, both at home and throughout the embassy network, will continue to raise this issue with both the US and Lebanese authorities at every appropriate occasion to pursue justice for both of these brave men, Privates Smallhorne and Barrett, and their families.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I am grateful for that positive response from the Minister. My request is simple. This needs to remain a priority issue for us in terms of our diplomatic engagement with the United States. Of course, we cannot interfere with their justice system but it is important that we continue to let them know that this is an issue of major importance to us. I would like to see the Minister of State, Deputy Dara Murphy, or the Minister have discussions with the US ambassador, Mr. Kevin O'Malley, when he takes up his position here in the near future because that would be useful. Equally, it is important that we continue to retain ongoing diplomatic connections and contacts with the Lebanese authorities because it is essential that a deportation, if one takes place, is followed by the appropriate arrest warrants being issued in respect of this man.

I had the great privilege some weeks ago of meeting former Private John O'Mahony who survived the abduction and attack. It was a humbling experience to meet one of our peacekeepers who had gone through such trauma to see at first hand the commitment that he has to achieving justice for his two fallen comrades.

It behoves us all here to continue to assure the families and the campaigners that the Houses of the Oireachtas are united in support of the campaign. We want to see justice achieved. One is struck by the principle that justice delayed is justice denied. Some 34 years is a long time to wait to see justice take its course and anything the Minister of State and the Government can do will be much appreciated.

Peter Mathews (Dublin South, Independent)
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Hear, hear.

Dara Murphy (Cork North Central, Fine Gael)
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There is no dispute there. Deputy Ó Fearghaíl is correct about justice delayed. Some 34 years is, by any estimation, a significant period. What we have now for the first time is, perhaps, some movement.

Deputy Ó Fearghaíl mentioned the desire to unite. There has been unity of purpose, not only in this House but from successive governments, to see that justice is delivered for both of the deceased and former Private O'Mahony. The Deputy had the pleasure to meet him; I have not had that pleasure.

The matter has been addressed in recent days by the Minister for Defence, Deputy Coveney. There is currently high-level interaction between the Minister and US authorities. However, as the Deputy will be aware, it is an exceptionally sensitive matter. The Minister, myself and the Department are reluctant at this time to make any further comment for fear of obvious implications that may arise there.

The sentiment of Deputy Ó Fearghaíl's Topical Issue matter is taken on board by the Department and the Government, and, I hope, by this House. I hope it is something to which we will see a resolution, which is very much deserved for those who do a brave job in defending us. It is incumbent on us here to ensure that we protect their memory in any way we can and by pursuing the matter, and not leaving time be a reason to let justice be ultimately denied or delayed.