Oireachtas Joint and Select Committees

Wednesday, 1 April 2015

Joint Oireachtas Committee on Foreign Affairs and Trade

Irish Prisoners Abroad: Motion

10:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I move amendment No. 1:

To delete all words after "Trade" and substitute the following:"acknowledges the efforts by the Minister for Foreign Affairs and Trade in relation to the Ibrahim Halawa case and urges the Minister to continue his efforts at all appropriate levels to ensure the speedy release of Mr. Halawa."

In moving the amendment, I do so not to be divisive but to simply follow a standard parliamentary procedure in relation to motions of this nature and also to allow the discussions taking place and the initiatives taken by the embassy staff and by the Minister for Foreign Affairs and Trade to reach fruition. I do so also on the basis of the discussions taking place as we speak. I am aware the Taoiseach has been directly involved in discussions with the Minister for Foreign Affairs and Trade. I strongly urge that we allow those ongoing delicate and sensitive discussions to take place without the distraction of a motion of a directive nature and in order to ensure that in matters of this nature, the procedure that has always been followed will be followed with the anticipated best effect. The points raised in the Minister's letter in regard to the mistreatment of Mr. Halawa should be noted by the committee. That is the best information that is available to the Taoiseach and the suggestion that the Taoiseach should override the functions and role of the Minister for Foreign Affairs and Trade is not the way business is done in this jurisdiction. The Minister for Foreign Affairs and Trade acts with the full authority and imprimatur of the Taoiseach in discussions of this nature and continues to so do and it would not be in the interests of Mr. Halawa to introduce any distraction which might facilitate discourse in a different direction.

It is important to acknowledge that the embassy staff have been in daily contact and made countless calls and visits to the prison. They have also met prison staff to ensure the constitutional rights of Ibrahim as an Irish citizen are acknowledged.

We are dealing with another jurisdiction and not our own, where it is improper to interfere in a case which is ongoing in the courts on account of its being sub judice. Some might say we are failing to recognise that principle in this case but the authorities in Egypt are also very conscious of the need to separate powers. It is not possible to do things by diktat and send directives to the courts and it would be dangerous to do so.

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