Dáil debates

Thursday, 22 January 2015

Ceisteanna - Questions - Priority Questions

Human Rights Issues

10:05 am

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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5. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the arrest of 12 lawyers in Spain who were involved in defending Basque political prisoners; and his views that this move is a worrying development which damages the potential peace process. [2988/15]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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Last week 16 individuals, including 12 lawyers representing Basque political prisoners, were arrested. The arrests came just days after a huge demonstration in Bilbao when more than 80,000 people marched in support of the fledgling peace process and also Basque prisoners. There is huge support across the political spectrum for the peace process in the Basque country. Does the Minister of State believe the arrests are damaging to the fledgling peace process? Given our history, will he use his positive influence to consider calling for the release of the lawyers? Will he indicate whether there is anything the Government could do to help the fledgling peace process?

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)
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I thank the Deputy for his question. I am aware of the circumstances surrounding the recent arrest of a number of individuals, including lawyers, in the Basque country and also in Madrid on 12 January. However, as the issues involved are being examined by the Spanish courts, it would not be appropriate for me to comment on the cases referred to. More broadly, the Government continues to support and encourage all efforts aimed at securing a definitive peace in the Basque country following several decades of violence.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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Everyone is entitled to legal representation and lawyers engaged in such sensitive political cases deserve to be allowed to carry out their work without interference. I accept what was said about the cases being before the courts. However, unfortunately, in this country we know what can happen when the State tries to prevent human rights lawyers from carrying out their work. The Finucane case was mentioned earlier. Another case is that of Rosemary Nelson, whom I also knew, who was murdered by loyalist gangs in collusion with British state agents. There is a question mark over what happened in that case and when the state attempts to frustrate the justice system. Given the history of the Irish peace process, is there anything the State can do to kick-start, promote or nurture the process? We know from our history that there were difficulties with what we described as securocrats within the system who did not want the peace process to develop and bloom. Perhaps I am taking the arrests out of context, but there seem to be parallels between what is happening in Spain and what happened in the North. There are similarities between the groups attacking Basque separatists, for example, Grupos Antiterroristas de Liberatión, GAL, which assassinated people on behalf of the Spanish state during the conflict. There seems to such elements involved. Is there anything we can do to assist the peace process? The Minister of State meets his colleagues on a regular basis. It would be helpful if he were even to express his dismay or concern about what was happening or to ask whether this was a new development in the process.

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)
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As I stated, I will not be drawn into discussing the specifics of this matter which is one for the Spanish Government. However, in general, it is true that everyone is entitled to legal representation and that all of us, legal representatives and others, are subject to national law. The Deputy referred to similarities between the peace process in the North and the situation in the Basque country. I agree that similarities can be drawn between conflicts around the world, but the reality is that each conflict has specific characteristics and requirements and I would, therefore, be reticent about drawing exact parallels in this specific case. Obviously, based on the experience of the peace process in the North, the Government would support any democratic initiative proposed by the Spanish authorities that could lead to a continuation of the peace process. We very much support all efforts to bring an end to violence in all conflicts. I hope the declaration by Euskadi Ta Askatasuna, ETA, in 2011 will continue to be a very important step in that direction.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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There is agreement across the political spectrum in the Basque country that this is the way forward. There is a difficulty in terms of prisoners. The Spanish Government adopted a dispersal policy, as a result of which prisoners were located away from their families, across Spain and as far away as the Canary Islands. Given our experience, there are issues the Government could address, including stressing the importance of prisoners as part of the overall peace process.

There are simple messages. It need not be done today in this Chamber, but there are messages that we could send privately to the Spanish authorities that this is what worked in Ireland. They might pick up on them, and it might defuse the situation and might help create the conditions for that fledgling peace process to bloom.

10:15 am

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)
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As the Minister, Deputy Charles Flanagan, stated in response to an earlier question, we all are aware that the issue of prisoners is a sensitive and complex one, but in this instances decisions on such specific matters continue to fall within the jurisdiction of the Spanish authorities and courts and need to be determined within their legal and constitutional provisions. As such, I must continue to state it would not be appropriate for me to comment on the specifics involved in this case.