Maureen O'Sullivan (Dublin Central, Independent)
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5. To ask the Tánaiste and Minister for Foreign Affairs and Trade if he has made or will make representations to the United States authorities on the continued unjust incarceration of three of the Cuban five, in view of revelations regarding the undercover construction of a mobile phone message system by the United States with the goal of overthrowing the Cuban Government; and if he will make a statement on the matter. [23288/14]

Maureen O'Sullivan (Dublin Central, Independent)
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My question concerns Cuba and the group of men known as the Cuban five, particularly in view of recent activities under the ZunZuneo programme.

Joe Costello (Dublin Central, Labour)
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Ireland enjoys excellent bilateral relations with Cuba and I look forward to Irish-Cuban relations developing further in the period ahead. I also welcome the recent agreement by the European Union and Cuba to open negotiations on a political dialogue and co-operation agreement which will provide a strong framework for the European Union’s relationship with Cuba. I am pleased to note that a first round of negotiations took place successfully in Havana from 30 April to 1 May. I am aware of the cases to which the Deputy refers of the three men serving prison sentences in the United States on charges relating to their activities as unregistered agents of a foreign government and related offences. As this is a bilateral consular issue between the United States and the Cuban authorities, the Government has no standing in the matter.

With regard to reports on US funding in the past for a mobile phone social networking project in Cuba, the Tánaiste and I have asked officials in the Department to keep us informed on the issue.

Maureen O'Sullivan (Dublin Central, Independent)
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There have been 50 years of a rather unjust policy between the United States and Cuba. We saw this in the case of the blockade. I understand only three or four countries in the United Nations disagree with lifting the blockade. The aim of the ZunZuneo programme was to destabilise the government and economy of Cuba.

The Cuban five, or Miami five, were arrested in 1998. This arose out of very serious movements by Cuban-Americans to destabilise the Cuban Government and economy, which led to the deaths of approximately 3,500 Cuban nationals. The Cuban Government took the option of getting five of their men to infiltrate these terrorist organisations in America. They got the information and brought it directly to the American authorities who, instead of arresting those involved in terrorist activities, arrested these five men. After a lengthy trial they received prison terms of 15 years to double life. There were severe restrictions on visiting rights for their wives, and visa requests for visits by family members were also restricted.

I accept what the Minister of State said about the relationship, but as we do have a good relationship with the American authorities, can we address them on this when we have the opportunity? There is an opportunity now for President Obama to give a pardon in his final year, but he will not unless people with whom he has a relationship ask him to do so.

Joe Costello (Dublin Central, Labour)
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The people to whom the Deputy refers are the original Cuban five. They were sentenced in 2001. Two have already been released. Another is due for release in 2017 and another in 2014, and the last person was charged with other serious matters.

The thrust of the question is the link between the Cuban five and the activities in which they were engaged in the United States, and there is a suggestion that the US was also engaged in covert operations in respect of a social media platform. Unfortunately, there is very little information in the public domain on that report, apart from the Associated Press report of last month which provided the story that US Aid was engaged in providing a particular social network platform and that this operated in Cuba from 2009 to 2012. We have been in touch with the Cuban authorities about this matter. We have asked our officials to find out what they can about it.

Maureen O'Sullivan (Dublin Central, Independent)
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One of the five could end up spending the rest of his life in jail. That is very serious. The United Nations Commission on Human Rights, various international human rights groups, trade unions, legal experts, Nobel prize winners, religious organisations, members of parliament in various countries and Amnesty International feel that there is a terrible injustice here.

A commission of inquiry into this issue was held last March in London. It included former chief justices from India, South Africa and France. Its findings were:

1. There are serious concerns about whether any of these people have had the full benefit of the fundamental human right to a fair and speedy trial ... a.all five Cuban nationals were placed in solitary confinement for about seventeen months before the trial began;

c.[they did not have] the opportunity to consult with their legal representatives ...

There are grounds to ask President Obama to issue a pardon before he leaves office. The Minister for Foreign Affairs and Trade, Deputy Gilmore, supported this cause when he was in opposition. I ask him to request this pardon.

Joe Costello (Dublin Central, Labour)
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The issues in question relate to charges against unregistered agents of a foreign government and the offences arising from them. This a bilateral consular issue between the US and the Cuban authorities. The Irish Government has no formal standing on this matter, but it is of concern to us and the officials in the Department are engaged on it. I spoke to the Ambassador of Cuba last month. He did not raise the issue but I will certainly raise it with him at our next meeting.