Clare Daly (Dublin North, Socialist Party)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade if he will raise on the UN Human Rights Council, the fact that the arrest of Irish citizens including Martin Corey, have been found to be in breach of Article 5(4) of the European Convention on Human Rights but that this has been overruled by the British Secretary of State for Northern Ireland on the basis of closed evidence; and if he will make a statement on the matter. [1603/13]

Eamon Gilmore (Dún Laoghaire, Labour)
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Ireland was recently elected to serve as a member of the United Nations Human Rights Council for a period of three years, which began in January 2013. We have long championed the vital role of the United Nations in the promotion and protection of human rights and will continue to do so as a member of the Human Rights Council. I am aware of the case of the individual mentioned which is being monitored by officials of my Department. The British authorities have confirmed that he was released under licence in 1992. The Secretary of State for Northern Ireland revoked that licence in April 2010 and the individual has, as a result, been in custody for the past two years and nine months. I understand an appeal in the case will be heard by the Supreme Court in Belfast in February. As the case is the subject of an ongoing legal process, it would be inappropriate to comment further at this time.

Clare Daly (Dublin North, Socialist Party)
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I do not really accept the Tánaiste's response. He is aware that a cross-party delegation of Deputies and Senators visited Mr. Martin Corey and others in Maghaberry Prison prior to Christmas. What we encountered there was a man in a very difficult situation, without him or his legal team being privy to the reasons for his incarceration. This is an incredibly difficult position for anybody to be in and clearly a breach of human rights, as laid down by the European convention which provides that people have a right to liberty, subject to lawful arrest and detention.

People also have the right to be informed of the charges against them. In this case, clearly, that right is not being upheld. Martin Corey's arrest was deemed to be unlawful, but that decision was over-ruled by the Secretary of State. I ask the Tánaiste to use his new offices on the UN Human Rights Council to bring this issue to the fore of the discussions that are taking place. To be honest, if he does not use his position on the council to advance human rights issues that affect our citizens, what is the point of it?

Eamon Gilmore (Dún Laoghaire, Labour)
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It needs to be made clear that this man's case is due to be heard by the Supreme Court in Belfast shortly. It would not be appropriate to have a public discussion on the merits or otherwise of that case in advance of it being heard. I am very much aware of the cases of a number of prisoners in Northern Ireland. I have discussed them with the current Secretary of State and her predecessor. They will be the subject of further discussions. The UN Human Rights Council is an intergovernmental body that is responsible for strengthening the promotion and protection of human rights and addressing human rights violations. There are circumstances in which individuals can make complaints through the council's mechanisms. In all such cases, individuals are expected to exhaust the appropriate domestic remedies that are available to them before they do so.

Clare Daly (Dublin North, Socialist Party)
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While the Tánaiste is quite correct when he says the case is due to be heard, it should be made clear that this man will have been incarcerated for almost three years by the time that happens. The courts have already heard his case and decided there was no basis for his original arrest. That decision was subsequently over-ruled on the grounds of closed evidence. Given that this scenario affects a number of prisoners in similar situations, as the Tánaiste has correctly said, I suggest that the whole idea of closed evidence, whereby the basis on which a person has been incarcerated is not disclosed to that person or to his or her legal team, is absolutely reprehensible. The Tánaiste indicated previously that he would meet the delegation that visited the North to hear our feedback on that visit, particularly regarding the circumstances of Marian Price, whom we also met and whose incarceration is somewhat similar to that of Martin Corey. On behalf of that delegation, I would like to reiterate the wish of the delegation to meet the Tánaiste at his earliest convenience to discuss the issues that have arisen from our visit. I appreciate that logistical difficulties made it difficult to organise such a meeting before Christmas.

Eamon Gilmore (Dún Laoghaire, Labour)
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Of course I am willing to meet the delegation that travelled to Northern Ireland. As the Deputy has acknowledged, there has been some confusion about the logistical arrangements for the meeting. I would be quite happy to have the meeting as quickly as it can be arranged. I would be particularly interested to hear the assessment of the delegation that visited the prison. I must make it clear that I do not want to comment on the appeal or on the legalities of the issue. I hope that can be accepted. I am concerned about the prisoner issue in Northern Ireland. It is and will continue to be the subject of ongoing discussion between me, the Secretary of State and our respective officials.