Oireachtas Joint and Select Committees

Wednesday, 29 April 2015

Joint Oireachtas Committee on Foreign Affairs and Trade

Irish Prisoners Abroad: Ibrahim Halawa

10:30 am

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Most members have been presented with an update from the Department on the case of Ibrahim Halawa. The case was heard on Sunday, 26 April and bail was refused for all the applications. Part of the reason it was adjourned was that some of the lawyers for the defendants were looking for additional time to prepare more information on the cases. The good news we are hearing is that Ibrahim will probably be tried for the minor charges rather than some of the more serious charges proposed. We do not have concrete evidence of that but we believe he will be charged with minor charges relating to incidents in the mosque.

The next hearing will be on 3 June. The Minister for Foreign Affairs, Deputy Charles Flanagan, met with Minister Shoukry in New York last Monday and raised the Government's concerns about Ibrahim Halawa's welfare. They have been taken on board by the Minister. The one thing we have to realise is that the case will probably go ahead. There has been a lot of misinformation about the case of Peter Greste. He was tried and got a presidential pardon afterwards. A presidential pardon can only happen before charges are brought against an individual or after a verdict has been reached. The Government and the embassy are keeping a very close eye on it. There have been 37 consular visits to Ibrahim Halawa and we will have to wait to see what happens on 3 June. Would members like to comment on that?

Photo of Mark DalyMark Daly (Fianna Fail)
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I thank the Chairman for putting this on the agenda. It is important we keep pressing the Egyptian authorities. I am glad the Minister, Deputy Flanagan, met with his counterpart and pushed the case. We are disappointed that the bail hearing was not successful and was am wondering if there is an opportunity for another bail application to be made in light of the fact that he is facing more minor charges than some of the 426 people in this mass trial.

There is a lot of information and misinformation about what happened in the cases of other nationals. Pushing for bail for Mr. Halawa and asking that he be allowed to leave the prison, as his sisters were, is not too much to ask of the Egyptian authorities, particularly in light of the fact that he is not facing the more serious charges regarding the storming of the police station, which is going to carry a far more serious penalty for those involved.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I welcome the note from the Department of Foreign Affairs and thank it for the work it has done. It is good to hear that the Minister for Foreign Affairs has met his Egyptian counterpart. I am very disturbed to read the detail of the report from the Department.

It suggested that joining a protest in a mosque, a place of religious worship, was deemed a crime in Egypt. I suppose the big concern we all have relates to the idea of a mass trial of defendants. I do not think there is a belief among the Irish population that this type of mass trial leads to a just outcome. I do not see any reference in the report to the fact that Ibrahim Halawa was charged as an adult, even though he was 17 years old when he was arrested. We need to keep reiterating the important point that he was put into the adult system, even though he was a minor. It is important that we continue to call on the Taoiseach to talk to his counterpart, President el-Sisi, to outline at the highest level the importance of this case to the Irish people.

We have been told that the Egyptian authorities have changed the charges. Have the new charges been clarified? Do we have any idea of the possible sentences that are associated with these new charges? We know that when the previous charges were in place, people were talking in terms of the death penalty and so on. It has been suggested that there has been a reduction in the charges, but it would be helpful if we could get some sort of sense of them. I welcome the fact this committee is continuing to monitor the situation. I would like to think we will discuss the case again after the date of the next legal proceedings.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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All I can tell the Deputy in that regard is that the Department of Foreign Affairs and Trade and the Irish embassy in Cairo are working closely to clarify the issues pertaining to the charges. As we have been told, they cannot give concrete or firm answers in relation to the minor charges. We know that Ibrahim Halawa was not involved in storming the police station. It looks like the charges are going to be minor. His solicitors are working on that closely with the embassy. They are keeping the embassy staff briefed on that. The refusal of bail, which was mentioned by Senator Daly, is obviously a matter for the courts. I presume Ibrahim Halawa's solicitors are working on that.

Photo of Eric ByrneEric Byrne (Dublin South Central, Labour)
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I warmly welcome this diplomatic note. I want to put it on the record that I believe the Department, representing the Irish Government, has done a phenomenal job of work on behalf of an Irish citizen. Notwithstanding the negative positions that are being alleged - the situation has been inflamed by incorrect information about torture, etc. - it is clear when one reads the report that this is a victory for diplomacy. I want it to be recorded that we are reading today about the service being provided by our Government to an Irish citizen.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I understand that.

Photo of Eric ByrneEric Byrne (Dublin South Central, Labour)
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We do not discriminate by having half Irish citizens, or full Irish citizens only. We do not treat this case as if it involved an Irish person of lesser standing than a white Roman Catholic who was born in Donegal. Citizenship in this country is full and equal citizenship. I think we should be careful with allegations that somehow or other, we as a country treat our citizens in an apartheid-type way.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I thank the Deputy. Senator Daly wants to make a brief comment before we conclude.

Photo of Mark DalyMark Daly (Fianna Fail)
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I thank the Chairman for bringing this matter before the committee. If we get any updates in this regard, I wonder whether it might be possible to have them noted at our meetings. I know we meet quite regularly. We do not need to discuss them at every meeting. If we were to note any developments, it would send a message to the Egyptian authorities that this issue is being monitored by the foreign affairs committee of our Parliament. Perhaps we could have a brief discussion on any updates, as the Chairman has allowed on this occasion.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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That is fine.

Photo of Mark DalyMark Daly (Fianna Fail)
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There are issues in relation to the minor charges. Is there going to be a bail application? Perhaps we could continue to get a briefing from the Department.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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If the Senator looks at item No. 8, it will tell him what is going to happen. It is unlikely that Ibrahim Halawa will be released before the trial. I will certainly not have this on the agenda every week, but if there are any developments we will update members on them. I will try to keep in contact with the Department and the Minister on a weekly basis in relation to this matter. It is certainly at the top of the Minister's agenda. I thank the members for their genuine concern for this case. It will not be on the agenda every week, as I have said, but if there is anything to report we will give the committee an update on it. I thank the officials from the Department and the Minister for the very comprehensive update on this case that they have provided to the members of the joint committee.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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Hear, hear.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I think it has been very useful to all of us.

The joint committee went into private session at 12.15 p.m. and adjourned at 12.20 p.m. until 10 a.m. on Wednesday, 6 May 2015.