Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

I thank the Minister for allowing me the opportunity to raise a sensitive issue concerning Paul Barrett from Market Hill in Fethard, County Tipperary, who is detained in prison in Lille, France.

The story of Paul Barrett goes back to 7 March when a truck he was driving was impounded by the French authorities. He was allowed home and left the truck behind him. A week later he was contacted by his employer who told him the truck was to be collected in France. Paul Barrett was arrested by French police on his return to France on 14 March when he arrived to collect the truck and he has been detained in France since then. Last Friday he was brought before a magistrate. Documents that were required for the investigation were to be provided by the Government to the French authorities. That is my understanding but I need clarification on the matter. To his horror and that of his family and all belonging to him he was put back in prison.

I and others have listened to the family talk about the case in recent months. They are in a state trying to find out what is happening to their son. I have a letter which he wrote from prison some hours after the case was heard last week. I have never read an account of such a frightened person in a letter from anyone. A person in detention in a prison in another country is bound to be frightened. Mr. Barrett is worried about his representation in particular. Much of what I say I have heard from the family which is highly respected in the community. I have known them for a long time. They are extremely worried about their son. They are concerned about the handling of the case by the solicitor, which is not to their satisfaction. That concern is expressed in the letter which Mr. Barrett's mother handed to me in my constituency office this morning. The reason I raise the matter is because those people are living in fear. They are extremely concerned about the representation their son is receiving. His mother said she is extremely concerned that her son will come home in a box. As a representative of the Government the Minister of State, Deputy Roche, has a responsibility to this man.

I did not refer in my contribution to the implications of the case or how the truck came to be there and what was in it. My concern is the individual involved and the human aspect of the case. The Government has a responsibility to this young man. Usually when we raise matters on the Adjournment we do not get an answer. I accept that officials of the Department of Foreign Affairs have been in contact with the family, but someone in the Government needs to take the case firmly in hand to give Mr. Barrett his legal right to choice in terms of being properly represented. If the Irish Government has documentation on Mr. Barrett, it should be sent to the French authorities. The French courts will be in recess in two weeks and this will mean he will be in prison until next September.

I am thankful for the opportunity to raise this very sensitive matter. In the absence of the Minister for Foreign Affairs, Deputy Martin, who has met the family in question, I want the Minister of State, Deputy Roche, to do everything he can, in spite of the ongoing frustration, to save the young man's life. His mother, brothers, sisters, father, everyone belonging to him and the people of the Fethard area are extremely shocked at what is happening and believe he is innocent. The Government has a responsibility to help him.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I can well understand the concerns of any family with a member detained, for whatever reason, in another jurisdiction. It is difficult. It is very traumatic for a young man to be detained in a jurisdiction with whose legal processes he may be unfamiliar. Mr. Paul Barrett is an Irish citizen and is currently in detention in Lille in France. He was arrested on 16 March this year by the customs authorities in Caen on charges relating to the transportation of a large amount of illicit cigarettes.

I understand the worries of Mr. Barrett's family and empathise with it, particularly his mother, regarding his arrest and detention. The Minister for Foreign Affairs, Deputy Martin, has met the family and assured it every assistance will be offered. The consular assistance section of the Department and the embassy in Paris have been heavily involved in this case. We have maintained close contact with Mr. Barrett's family on all consular matters associated with the case. However, there is a clear distinction between the provision of consular assistance, which we can and do provide, and legal proceedings in another jurisdiction, which we cannot interfere with.

On this subject, a lawyer was appointed to represent Mr. Barrett by the French court. The Department has provided Mr. Barrett, through his family, with a list of alternative lawyers should he be unhappy with his current representation. It is solely a matter for the French court to decide on Mr. Barrett's guilt or otherwise in this case.

Our embassy in Paris has made, and will continue to make, every effort to ensure that Mr. Barrett is treated no less favourably than a local citizen would be treated if he were charged with a similar offence. The assistance provided thus far has included, inter alia, two visits by a member of our embassy staff in Paris, who has travelled to Lille expressly for this purpose.

The Deputy made a very clear case that there are concerns regarding Mr. Barrett's health. The Department of Foreign Affairs has been in continuous contact with his family on that issue. We have raised the family's concerns with the prison authorities. Our embassy has gone so far as to make contact with the prison kitchen staff to convey recommendations made by Mr. Barrett's family as to his dietary requirements.

The embassy is informed that Mr. Barrett is assessed and monitored on a regular basis by the prison doctor and the prison psychologist, who lived for a number of years in Ireland and who speaks fluent English. That is important in such a case. The replies we have received from the prison, following the many requests for clarification that we have made, confirm the prison had no significant physical or psychological issues to report regarding the health and general welfare of Mr. Barrett. The latest such request for an update was received today and notes that, at present, Mr Barrett is not deemed what has been described as "a danger to himself". This should be of assurance to the family. The doctor has advised that if there were any doubt in this regard, Mr. Barrett would be placed under observation.

The Department of Foreign Affairs has a large number of consular cases and has a good record in respect of them, particularly traumatic cases such as this. I assure the Deputy and, through him, the Barrett family, that the Department will continue to liaise with the French authorities on Mr. Barrett's behalf through the embassy in Paris, which has worked very hard on his behalf. We will keep in contact with the family on developments pertaining to the case.