Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Office of the Ceann Comhairle for affording me an opportunity to raise this important issue. On 18 April 1980, Privates Thomas Barrett and Derek Smallhorne were killed while on peacekeeping duties with the Irish Army as part of a UNIFIL mission in south Lebanon. They were murdered near the village of At-Tiri and their colleague, Private John O'Mahony, was seriously injured.

I raise this matter today lest we forget, and in so doing, I acknowledge this is a matter that has been raised previously by many colleagues across the various political parties in this House. Perhaps more important, I raise it because I believe we are now moving significantly towards an endgame in respect of the quest for justice for Privates Thomas Barrett and Derek Smallhorne.

The chief suspect in this double murder is a Mr. Mahmoud Bazzi, who fled south Lebanon in 1994 and lived illegally in the United States up to relatively recent days, when he was deported from the United States and detained in Beirut on his return to Lebanon. In raising this, I appreciate that Lebanon is a separate jurisdiction with its own rule of law and its own judicial system. However, I think it absolutely imperative at this juncture that the State does not relent in the campaign that successive Governments have waged in an effort to deliver justice for Privates Thomas Barrett and Derek Smallhorne.

I know that as recently as June last, when the Taoiseach was in south Lebanon, he raised this issue with the Lebanese authorities. Our diplomatic service in the United States was very active with the US authorities in bringing to their attention to this issue and in successfully concluding the deportation of Mr. Bazzi on the basis that he was illegally resident in the US. What is crucially important is that we do not relent in any way in terms of the effort we put into this. I would specifically urge the Minister of State, Deputy Paul Kehoe, and the Department of Defence to take a cross-departmental approach to this. I initially tabled this as an issue for the Department of Foreign Affairs and Trade but I accept there is a dual jurisdiction here, and it is an issue of national importance. All diplomatic channels must be used in a co-ordinated fashion. In particular, we need to be in contact with the Lebanese ambassador in London, HE Inaam Osseiran, to ensure we do not let up in any way in the quest for justice for these two Irish soldiers who were murdered.

That is the primary reason I raise the matter. Lest we be in any doubt that this is still a volatile region, only two weeks ago a private in the Spanish army, who was serving on a UNIFIL peacekeeping mission in south Lebanon, was murdered. I am concerned that there is a crossover between the rule of law and politics in these regions. I see some speculation in newspaper coverage of this issue in recent days, given the deportation of Mr. Mahmoud Bazzi, that covert deals may be being done because of Israeli support for the South Lebanese Army militia, which attacked the Irish peacekeeping force nearly 35 years ago, when Privates Thomas Barrett and Derek Smallhorne were murdered. It is imperative that we keep up the pressure. As we enter the endgame on this issue, I ask that the Department of Defence, the Department of Foreign Affairs and Trade and every instrument of Government available through the diplomatic service in particular and our contacts at all political levels are used to ensure that these two families at last get justice for their loved ones.

Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

On behalf of the Minister for Defence, Deputy Simon Coveney, I thank Deputy Creed for raising the matter of measures being taken by the Government to secure justice for the families of the late Privates Thomas Barrett and Derek Smallhorne. The Minister has asked me to pass on his apologies that he is not here in person to respond to this very important Topical Issue. Unfortunately, he is committed to chairing the beef forum this afternoon.

As the House will be aware and as Deputy Creed has outlined, on 18 of April 1980, Privates Thomas Barrett and Derek Smallhorne were murdered, and one soldier, Private John O'Mahony, was seriously injured in an incident in Lebanon. The personnel, who were serving their country as peacekeepers with the United Nations Interim Force in Lebanon, UNIFIL, were providing a security detail to two officers serving with Observer Group Lebanon, OGL, on the day in question.

During the course of the mission, they entered the de factoforces enclave in accordance with arrangements made through the normal channels with the de facto forces in southern Lebanon. At the village of At Tiri, the convoy was stopped and all the personnel were taken prisoner by the de factoforces. The Defence Forces personnel were disarmed and separated from the rest of the group. Private O'Mahony was shot and seriously injured while Privates Barrett and Smallhorne were taken away and later murdered. The OGL personnel were subsequently released.

In an RTE "Prime Time" programme on 16 May 2000, it was reported that the alleged perpetrator of the crime, Mr. Mahmoud Bazzi, was residing in the US. While the country with primary jurisdiction in this case is Lebanon, the Department of Defence and the Department of Foreign Affairs and Trade engaged with the US authorities, as appropriate. Mr. Bazzi had claimed in a televised interview in Lebanon subsequent to the murders that he had killed the Irish peacekeepers in revenge for the killing of his brother in a previous violent incident. He has since stated that he was forced to make this admission. However, he has been positively identified as the perpetrator by the now retired Private John O'Mahony.

Successive Ministers, Department of Defence officials, military authorities and the Department of Foreign Affairs and Trade have followed through on this issue for almost 35 years, investigating all measures open to the Irish authorities to bring the alleged perpetrator of this crime to justice. In regard to a potential prosecution by Ireland, the Department of Defence, the Department of Foreign Affairs and Trade, the Attorney General's office and the Office of the Director of Public Prosecutions have all collaborated on this case. The process was detailed and complex and included a review of international legal provisions, including the potential application of the provisions of the Geneva Convention. Unfortunately, there are no provisions in Irish law which provide a basis for Ireland to pursue a prosecution against the alleged perpetrator. As Privates Smallhorne and Barrett were killed in the line of duty with UNIFIL, Lebanon is the country with primary jurisdiction in this case.

During a visit by the Taoiseach and me to Lebanon on 16 June 2014, the Taoiseach raised the murders of Privates Barrett and Smallhorne with the Lebanese authorities and UNIFIL personnel. The Taoiseach stated there was a clear need for closure and for the alleged perpetrator to be brought to justice, and he sought the support of the Lebanese authorities in this regard.

On 15 July 2014, special agents with the US Immigration and Customs Enforcement agency arrested the alleged perpetrator, Mr. Mahmoud Bazzi, at his residence in Dearborn, Michigan for administrative immigration violations. During a subsequent court hearing on 11 August 2014, Mr. Bazzi admitted in immigration court that he entered the US without proper documentation and thereafter lied to obtain lawful immigration status in the US. This paved the way for his removal from the US. On learning of Mr. Bazzi's impending deportation from the US, the Irish Government requested the support of the Lebanese Government in seeking justice for the murdered Irish UNIFIL peacekeepers, should such action be feasible. The Minister for Defence, during a visit to the Lebanon last December, met with the Lebanese authorities at the most senior levels of Government and highlighted the Irish Government's continued commitment and interest in progressing this case.

Mr. Bazzi was deported from the United States to his native Lebanon on 30 January 2015. On arrival in Beirut, Mr. Bazzi was arrested and detained by the Lebanese authorities, and he remains in custody. It is now a matter for the Lebanese authorities to investigate the case. The Irish ambassador in the region is continuing to monitor developments in the case.

This is a significant step in the pursuit of justice for Privates Thomas Barrett and Derek Smallhorne, who lost their lives while on United Nations peacekeeping duty in Lebanon almost 35 years ago. The arrest of the alleged perpetrator was an important day for the families and their continued commitment to securing justice for their loved ones is to be commended.

In conclusion, the Irish Government is aware that the Lebanese authorities have primary jurisdiction in terms of pursuing a prosecution against the alleged perpetrator. We stand ready to provide whatever assistance possible to the Lebanese authorities in progressing this issue. However, it is a matter for the Lebanese authorities to investigate the case and to determine any future action.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for his comprehensive statement and outline of the history of this issue. As I said in my opening remarks, we are entering the end game in respect of the quest for justice. Thirty-five years is a lifetime for the families involved to await justice. Therefore, it is imperative that we reassure those families and those campaigning for justice on their behalf that every measure is being taken towards justice and that the Irish authorities remain vigilant to all of the possible developments in respect of a successful prosecution and conviction in this case.

In that regard, I have a specific request. Will the Department of Defence or the Department of Foreign Affairs appoint a specific person to liaise with the individual families and the committee seeking justice? In light of the significant developments in recent days and weeks, it is important those families are brought up to speed in respect of all of the issues, some of which may not be in the public domain, so they are as informed as possible.

The Minister of State referred to the fact there is an Irish ambassador in the region. Lebanon has an embassy in London and Ireland is covered by that ambassador. I do not wish to be prescriptive in terms of what should happen at diplomatic level, but perhaps it would be appropriate that the Irish Embassy in London would make contact with the Lebanese ambassador to London, whose brief covers Ireland, HE Inaam Osseiran, to convey the continuing conviction of our Government that this matter must be brought to a successful conclusion.

Will the Minister of State ensure the families are briefed, whether by somebody from his Department or the Department of Foreign Affairs, and that we remain vigilant in regard to the crossover between law and politics in this volatile region of the Middle East? We must ensure nothing untoward happens between the detention of Mr. Mahmoud Bazzi and a prosecution being brought. As mentioned earlier, there has been speculation in some quarters that it may be difficult to get a successful prosecution.

I thank the Minister of State for all that he, his colleagues and previous Administrations have done. This search for justice has been a long journey - 35 years - but I hope we are now facing the end game.

Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I agree with the Deputy that we are approaching the end game on this. I also agree the wait has been a lifetime for both of the families involved. I assure the Deputy that there is ongoing contact with the families and the Minister, Deputy Coveney, spoke with them just last weekend. Officials from both the Department of Defence and Department of Foreign Affairs are keeping a close eye on the issue and keeping in contact with our ambassador in the region so as to keep up to date on the issue. We want closure and want justice for those involved, in particular the families. These people have been dealing with this issue for the past 35 years.

Whenever I have been in Lebanon - I have been there on numerous occasions over the past four years - I have raised this issue whenever I got the opportunity. I assure Deputy Creed it is a matter of priority for the Government, the Department of Defence and the Department of Foreign Affairs and Trade to ensure justice is obtained for the people involved. It is sad they have not got it to date. We are all aware of the commitment of the Irish Defence Forces and of the great work they do in Lebanon. They take their life in their hands when they go abroad on peacekeeping duties and I acknowledge that commitment here. We are doing what we can on this side and our officials are doing the same on the Lebanese side.