Paul Murphy (Dublin South West, Socialist Party)
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9. To ask the Minister for Foreign Affairs and Trade to report on the actions taken by him to secure the release of an Irish citizen (details supplied) who is detained in Egypt and facing serious charges that could result in the death penalty; and if he will make a statement on the matter. [45311/15]

Paul Murphy (Dublin South West, Socialist Party)
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A tenth trial date, a third birthday and Ibrahim Halawa, an Irish citizen, is still languishing in jail in a dictatorship, potentially facing a death sentence, after his 20th birthday. I listened to the Minister’s response to Deputy Seán Crowe and accept that he wants to see Ibrahim Halawa released and that embassy staff are working hard in that respect. However, is it not time to acknowledge that the current strategy has not worked, as evidenced by the fact that he is still sitting in jail and the Irish Government needs to try a different tack?

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Department's approach to this case is focused on achieving a positive outcome at the earliest time possible for this citizen. That strategy is based on two key objectives: first, to see this citizen released by the Egyptian authorities in order that he can return to his family and tudies in Ireland and, second, to provide consular support for his welfare while he remains in detention. In furtherance of these objectives, I have intensively engaged with the Egyptian authorities, including the Egyptian Minister for Foreign Affairs and Egypt’s ambassador to Ireland, and with EU and international partners, including the High Representative of the European Union for Foreign Affairs and Security Policy, Ms Federica Mogherini. The Taoiseach also raised the case in person on two occasions with Egyptian President al-Sisi. Our embassy in Cairo has also held meetings with senior members of the Egyptian Government, including the Assistant Foreign Minister for European Affairs. The information we receive from all of these contacts is carefully considered and used in reviewing our approach to the case on a constant basis. As I have continually highlighted, the charges facing this citizen are serious. Given that the trial is ongoing, the Government has to be extremely careful to ensure its actions, both public and private, are well judged and do not detract from our key goal of securing positive progress for this citizen at the earliest possible time.

The view of the Government remains that firm, measured and sustained diplomatic engagement continues to be in this citizen’s best interest and that it represents the best hope to achieve his return to Ireland at the earliest possible date.

Paul Murphy (Dublin South West, Socialist Party)
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I accept the bona fides of the Government and the Minister that they want to see a positive outcome to this case. I also accept that Ibrahim Halawa is facing a trial in a judicial system in another country. It is also a fact that it is not possible for him to receive a fair trial, to reasonably prepare for his defence, in a situation where he faces a mass trial with almost 500 people and where, despite some misinformation from the embassy, he potentially faces the death penalty. Is it not necessary for the Government to extremely loudly add its voice to demand the immediate, unconditional release of Ibrahim Halawa and, as a mechanism for doing so, to either make a formal request for a presidential decree under Egyptian law 140 or formally support the family’s application, as was done in the case of Peter Greste?

As regards the presidential decree, law 140, I wish to assure the Deputy and the House that the Government has formally supported an application made by the citizen's Egyptian legal team for his return to Ireland under presidential decree. This was done by way of a formal diplomatic note sent by Ireland's embassy in Cairo to the Egyptian ministry of foreign affairs as far back as last February.

This specific issue has also been the subject matter of discussions both by the Taoiseach and myself with our Egyptian counterparts. However, it is clear from all of the contacts made with the Egyptian authorities that it is their position that the current trial process must be permitted to take its course before consideration could be given to the application of the law in respect of the presidential decree.

Any decision to release this citizen will ultimately be taken by the Egyptian authorities. I would remind the Deputy that the trial is ongoing and the return date is next Saturday. Every effort is being made by my officials and myself to ensure that while this citizen remains in detention in Egypt, his welfare is given priority. We hope that Saturday next will see progress on the matter of this long outstanding trial.

Paul Murphy (Dublin South West, Socialist Party)
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One would hope that Saturday will see progress, but we also hoped for progress on earlier dates. It is therefore not unreasonable for people not to have too many illusions about the Egyptian courts system. The Egyptian authorities argue that before law 140 can be applied, the case must first be finished and a conviction or otherwise occur. That does not seem to be accurate, however. It was not accurate in the case of Peter Greste. It is a facility whereby someone facing trial, who is from a different jurisdiction, can be transferred to that jurisdiction to face their trial there.

It is correct that the Irish Government cannot wave a magic wand and get Ibrahim Halawa out of prison. However, the Government could be louder and clearer in its outrage over what is happening, as well as trying to add international pressure. In that respect, I welcome the resolution that will hopefully be passed at the European Parliament today. It clearly expresses deep concern at the unacceptable breach of basic human rights arising from the arbitrary detention of Irish citizen, Ibrahim Halawa, and calls on the Egyptian authorities to release him, immediately and unconditionally, to the Irish authorities.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I acknowledge what Deputy Paul Murphy has said - that this is ultimately an issue which will not be decided here in Dublin by the Irish authorities, but in Cairo by the Egyptian authorities. However, I wish to assure the House that many of the suggestions that have been put forward are well meant and are taken having regard to the need to ensure the welfare and health of the citizen. As regards our contacts in this case, given our experience and expertise in dealing with difficult consular cases over many years, all the evidence indicates that the Government's approach is most likely to achieve a positive and practical measure of progress for our citizen, and that this matter can be resolved at the earliest possible date.