Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

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.

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