Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I appreciate the Ceann Comhairle affording me the opportunity to raise this very important issue. I am pleased that the Minister, Deputy Charlie Flanagan, is here to reply.

The Minister will be aware that Ibrahim Halawa has been in an Egyptian prison for 666 days, or one year, nine months and 28 days. The initial judicial process has been continually delayed and we now hear that the judge dealing with the case is to retire from his post soon. An eighth court date for his trial has been set for the beginning of August, his case having been adjourned seven times from the beginning of this ordeal. The incarceration of Ibrahim has caused, quite understandably, great upset to his family and friends. As he is a citizen of this country, we must be concerned for his well-being and hope and act for his release.

We learned yesterday that Ibrahim has decided to go on hunger strike to highlight his continuing incarceration. This is a most grave development and one which should give urgency to the Government's interaction with the authorities in Egypt to seek a resolution to this deeply troubling situation.

Fianna Fáil has been raising this issue, both in the Dáil and in the other House and at the Joint Committee on Foreign Affairs and Trade, for almost two years. We are continually informed that officials from the Department of Foreign Affairs and Trade are in regular contact with Ibrahim Halawa, yet, unfortunately, we have not witnessed any significant progress in his case. I am not for one moment suggesting that our officials are not working hard on this case. From what I have heard and from what the Minister has said to me in person and in replies to parliamentary questions, the opposite is the case. Our officials are to be commended on their efforts. However, I am concerned that Government efforts appear to have hit a wall in trying to advance Ibrahim's case. We all understand that Egypt has undergone some tumultuous years. The justice system appears to be struggling to cope with the political changes which have been witnessed by the international community. This seems to be one element in the ongoing delays being put on Ibrahim's case. The fact that he is being tried as part of a mass trial is also unjust, unfair and a gross abuse of his human rights. We have been told that Ibrahim is being accused of acts of violence, yet Amnesty International researchers who were present at the time in question have stated that Ibrahim could not have been involved in such acts. They are very strong in their view on that aspect.

Looking at the basic facts of the case, one's heart could not but be moved. Ibrahim is 19 years old. He comes from a loving family who want him home. He is a citizen of Ireland who is entitled to the full rigorous support of our State in being allowed to return home, even if that means on bail. He was arrested due to his political involvement in Egypt and Amnesty International has stated that he is a prisoner of conscience, not of crime.

I believe that it is time for the Government to use all of its influence, both in the European Union and with our American partners, to put pressure on the Egyptian authorities to release Ibrahim Halawa once and for all and reunite him with his family.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I thank Deputy Smith for giving me the opportunity to speak on this matter. The Taoiseach and I met Ibrahim Halawa's father and two of his sisters last week. At that meeting we were informed that Ibrahim had indicated that he was considering embarking on a hunger strike. Noting that Ibrahim's welfare was of paramount concern, I advised against this course of action, saying it would be detrimental to his health and also that it was unlikely to serve any positive purpose as regards his trial. This view was shared by Ibrahim's lawyer who had given him similar advice. I am asking Ibrahim to maintain his health by taking food and I am sure that Deputy Smith will share my view in that regard.

Embassy officials attended the most recent hearing on 3 June and visited Mr. Halawa for the forty-first time on Monday, 8 June. During this visit, Ibrahim informed the embassy officials that he had commenced a hunger strike. Embassy officials sought strongly to dissuade him and advised both him and his family that this course of action would be unlikely to serve any positive purpose at all.

Together with the Taoiseach, I met with the Halawa family on 4 June to discuss the case. The family raised the question as to why Ibrahim has not been released when other foreign citizens have been. We explained to the family that the Department of Foreign Affairs and Trade is maintaining extensive contacts with the Egyptian authorities and with other international partners who have or have had citizens in similar circumstances. It is important to note that different facts and circumstances apply to each case and it is unhelpful to make overly simplistic comparisons between them. In so far as those comparisons are possible, the information that the Department has received from several authoritative sources is very clear. Examining other similar cases, it is clear that irrespective of any political efforts made by foreign governments, including high-level requests, the trial must be completed before any political consideration of a possible release by the Egyptian authorities can take place. In Ibrahim Halawa's case, the trial is ongoing. While we continue to maintain extensive contacts with the Egyptian authorities, including at very high levels, the precedent examined to date suggests that it is unrealistic to expect that any release will take place before this initial trial concludes.

In the House earlier today, there were incorrect and overly simplistic comparisons made with the case of Peter Greste. I wish to make it clear that Peter Greste's trial had finished, he had been convicted and sentenced, and it was only when this initial judicial process had concluded that the Egyptian authorities were in a position to release him. To suggest that he was released solely because the Australian Prime Minister made a phone call, is simply wrong and unhelpful to the bona fide efforts to achieve the release of Ibrahim Halawa. References made in the House earlier to Ireland demanding release are not only unhelpful and potentially detrimental to progress, but show a complete lack of understanding of the measured and responsible way that governments must work to resolve difficult consular issues.

That an early release is unlikely is obviously hugely disappointing for Ibrahim Halawa and for his family, as it is for all of us involved in working to seek positive progress in this case. However, irrespective of any views regarding the fairness or appropriateness of any arrest abroad, the reality is that where an Irish citizen is charged with an offence under the law of a foreign country, it is the foreign law that applies and it is the relevant foreign court which decides matters such as bail and release.

While we will continue to bring all of our influence to bear on his behalf through the appropriate channels, the decision to release Ibrahim Halawa will ultimately be a decision that is made solely by the Egyptian authorities.

Conversely, we in Ireland would not tolerate a foreign government demanding that a judicial process in the Irish courts be set aside and one of their citizens released.

The considered approach and sustained action that I and my officials have taken in this case has been to work in an appropriate way to try and achieve positive progress. Most importantly, we have worked assiduously to avoid any action that could be counterproductive or detrimental to the best interests of this citizen.

I would like therefore to thank Deputy Smith for the constructive and responsible way in which he and many members of the Joint Oireachtas Committee on Foreign Affairs and Trade have engaged on this case. Others, who adopt a polemical approach, may generate publicity and headlines but they are not serving the best interests of this Irish citizen.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his detailed reply. As I said earlier, I had the opportunity to engage with the Minister person to person, through correspondence and through parliamentary questions as well as at the Oireachtas Joint Committee on Foreign Affairs and Trade. Other members of that committee have also expressed their worry for Ibrahim. I would obviously like to see Ibrahim come off the hunger strike right away. We understand the complete stress and trauma the young man has been through for almost two years, and the natural concern and worry of his family back here at home, and of his mother, who has travelled to Egypt.

I urge the Minister that there is further concern regarding the reports that the trial judge may be retiring, which could cause further delays. We want to see Ibrahim off hunger strike, released and back at home in the bosom of his family, where he should be at his age in life. None of us can imagine what he is going through in what are very poor conditions, from what we have learned, in a foreign country away from his family. It is understandably difficult for anybody to be in prison, but to be so far away at such a tender age and in difficult circumstances - we can only imagine the agony and hurt he is going through.

I am glad the Minister met with the family again over the past week to hear at first hand their obvious concerns. I appeal to him to continue to use every appropriate means to support the case of this young man for the earliest possible release. Whatever political and diplomatic interventions can help obviously need to be pursued.

At the foreign affairs committee yesterday, a suggestion was put forward that a delegation might go to Egypt to visit the man, if that was considered to be of some help. A small delegation would be glad to travel, if such a visit can be facilitated, to show the support of the Oireachtas for this family during these very trying times.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I will continue to keep in close contact with the members of the Joint Committee on Foreign Affairs and Trade, with the spokespeople of the main Opposition parties, and with Deputy Smith in particular. There have been some concerns regarding his health and the conditions in the prison. I am very mindful of those concerns. The embassy previously lodged formal requests with the appropriate authorities for a move within the prison and for access to a doctor. The prison authorities sought to organise a trip to the prison hospital for Ibrahim Halawa last week. He declined to go. At the suggestion of the embassy, his lawyers also lodged a medical request with the prison authorities. The embassy has as yet received no response to its request for a move to another part of the prison.

The embassy will continue to provide strong consular support for Ibrahim Halawa himself and to monitor his health and conditions in detention. We will continue at every level to advocate on his behalf. Once the court case has been concluded, assuming a sentence in some form may well be imposed, it may be appropriate for the Irish Government to make political representations and to request the Egyptian authorities to confer a presidential pardon. At that time, we will engage. At this stage, it is not possible for such a pardon to be forthcoming because the trial has not been concluded.

I am concerned at the delay, as I have said in the House, to my counterpart in Egypt and to a number of other international actors. The position is that there is an application by the defence lawyers which led to the most recent postponement of the case. The judge has agreed to schedule the case for a hearing on 2 August. As Deputy Smith has indicated, since the hearing on 3 June, it has been confirmed that the trial judge is due to retire. It is not clear whether this will have any effect on the timing or scheduling of the current trial.

I have continued to highlight Ireland's concern at the length of time that Ibrahim Halawa has now spent in detention without conviction. The appointment of a replacement judge and the timings of the hearings in this case are entirely controlled by the Egyptian judicial system. I will keep the House, members of the foreign affairs committee and the spokespeople on the other side of the House fully informed.

Jack Wall (Kildare South, Labour)
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The second matter in the name of Deputy Seán Ó Fearghaíl is postponed.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I understand the Minister for Education and Skills, Deputy Jan O'Sullivan cannot be present and I believe the matter can be taken next Tuesday.