Mick Barry (Cork North Central, Anti-Austerity Alliance)
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Eanna Ó Cochláin is a 55 year old Corkman. He is a nurse and is married to a Filipino woman and was arrested at an airport in the Philippines in 2013. It was claimed that the reason for his arrest was the discovery of a small quantity of marijuana in a packet of cigarettes, which he credibly claims was planted on him. He was imprisoned and asked for money to prevent him from being sentenced. On the advice of the Irish consul, I understand he refused to pay. He was sentenced to 12 years in a Filipino prison. That is under appeal. He is on bail but his passport has been confiscated and he cannot leave the country. His life is in danger and he is in hiding.

That is understandable because more than 3,500 alleged drug dealers and addicts have been killed in the Philippines since 1 July by police operations and by ardent vigilante militias. The authoritarian populist president, Roderigo Duterte, elected on 1 July has stood over this campaign. Last week he said, "Hitler massacred three million Jews ... there’s three million drug addicts. There are. I’d be happy to slaughter them." Mr. Ó Cochláin's life is in real danger and his family feels there has not been enough done by the Irish State and the Department of Foreign Affairs and Trade to save and protect him. What steps are planned and will be taken?

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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Tá an Teachta Barry tar éis a mhíniú roinnt de na sonraí faoin cheist seo. Is ceist tromchúiseach é a bhaineann le saoránach Éireannach atá i mbaol. The details of what Mr. Ó Cochláin faces have been outlined. It is an extremely grave situation and would certainly have already been a grave situation at the turn of the year because of the condition of Filipino prisons and concerns about due process there. It has become, however, far more serious since the election of President Duterte, who has sanctioned and stood over a campaign of extra-judicial murder of people involved in the drug trade or people alleged to be involved in it, such as Mr. Ó Cochláin, and the President’s political opponents. His family and he are very concerned. He is in hiding, his passport confiscated. What support is being given to Mr. Ó Cochláin and his family by the consular service? I understand he is to meet the Singapore consul next week. The family has told me it is not satisfied with the service it has received.

Has the Government’s policy and attitude in this case, and to any Irish citizens facing such charges in that part of the world, changed due to the attitude of the current government? Will the Minister outline whether the Government has succeeded in obtaining a meeting with the Government of the Philippines? I understand there has been a meeting with the ambassador in Dublin. Has there been a meeting in the Philippines or in Singapore with representatives of the government rather than the ambassador?

Charles Flanagan (Laois, Fine Gael)
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I am very much aware of this difficult consular case in the Philippines and I and Department officials have been giving the matter priority attention for some time. The case, which has been ongoing since 2013, involves an Irish citizen, currently on bail, who is appealing against his conviction and 12-year prison sentence for possession of drugs. The individual concerned has consistently maintained his innocence in the matter. There is no doubt that the case has been further complicated by the domestic environment in the Philippines since July and the severe counter-drugs actions being pursued by President Duterte. The Irish Government, at political and official levels, regularly raises this case with senior representatives of the Government of the Philippines.

Department officials at headquarters in Dublin, at our embassy in Singapore, which is accredited to the Philippines, and our honorary consul in Manila have been engaged in this case for some time and have provided consular assistance to the citizen and his family. The case has also been raised formally with the ambassador of the Philippines to Ireland. I have personally raised my concerns about this case with senior Filipino Government contacts, most recently in New York in September. In that meeting last month with the Secretary of Foreign Affairs of the Government of the Philippines, I took the opportunity to emphasise my specific concerns about the case, including about the health and welfare of this Irish citizen.

For any Irish citizen subject to criminal proceedings abroad, Department officials will offer non-judgmental advice and any appropriate practical help that they can, irrespective of the alleged offence, and regardless of whether the individual is ultimately deemed to be innocent or guilty, is on remand or has already been sentenced by a court of law.

The Department’s priorities in cases of arrest or detention focus on ensuring that the Irish citizen involved is not discriminated against in any way on account of his nationality, and has access to appropriate legal representation and that the authorities in the country where he is detained fulfil their obligations in ensuring the citizen’s health and well-being. In this case, an initial priority was to seek to ensure that the individual had access to legal representation. To this end, he was provided with a list of local English-speaking lawyers. The Department also assisted the citizen by providing details of relevant medical care professionals at his request. It is the policy of my Department to raise promptly with the relevant local authorities concerns that detained Irish citizens may raise about their safety or treatment, including health concerns. In this case, Department officials made representations to the prison service and the foreign ministry in the Philippines regarding the treatment of the individual during his period of detention in 2013. Thereafter, our embassy in Singapore and our honorary consulate in Manila assisted with the bail order and conditions following the five day period of detention. The Government, through our embassy in Singapore, raised with the authorities in Manila the concerns of the individual regarding the matter of the court case. I and the Department officials pressed the Filipino authorities to expedite the appeals process in this case on humanitarian grounds. I can assure the Deputies that the Filipino authorities are fully aware that I and the Department are following this case closely and that we are concerned about the individual's health and well-being. Department officials in Manila and Singapore will continue to maintain contact with this citizen and his family and will provide whatever further appropriate consular assistance they can in the circumstances.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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On the Duterte regime, in another statement this President made recently he encouraged civilians to kill addicts, and he has said he will not prosecute police for extra judicial executions. Eanna is on bail and in hiding. He is in the most horrible position imaginable. I believe his passport, which is the Minister's property, is missing. Have we demanded the return of the passport? What did the Secretary of Foreign Affairs say when we raised the points with him in September, and what are the plans to go higher up the chain in terms of the Filipino authorities?

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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The Minister stated that this case has been raised at numerous levels, but what has been the response from representatives of the Philippines Government? Also, the Minister made a number of references to the consular support. I understand Mr. Ó Cochláin's wife, Jho, is currently running out of money to support him. Has the embassy done anything to support him in terms of his maintenance, payment for court appearances and so on?

It has been well articulated by Deputy Barry and myself that there has been a change in circumstances in the Philippines with regard to its attitude towards drugs offences. Is the Minister confident that it is possible for Mr. Ó Cochláin to get a fair trial on a charge such as this one?

Charles Flanagan (Laois, Fine Gael)
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I assure the Deputies and the House that the Government remains most concerned about the well-being and health of this Irish citizen. We have made our concerns perfectly clear to senior Filipino officials on a number of occasions at face to face meetings, and we will continue to do so. The Deputies will appreciate that because of the separation of powers, the Philippines Government cannot interfere in ongoing judicial proceedings, nor can I interfere in the criminal justice system in any other country. However, I acknowledge this is a most difficult time for this individual and his family. I assure the Deputies that my officials and myself will continue to treat this matter as a priority.

I want to deal with the passport issue mentioned. Both Deputies stated that the passport has been confiscated. I confirm that the passport is being held as one of the conditions of Mr. Ó Cochláin's bail. Obviously, the effect of that is that he is unable to return to Ireland. Following the release of the individual on bail, the embassy in Singapore issued him with a letter confirming his Irish citizenship as a form of identity. There is no doubt that the case has been further complicated, as the Deputies stated, by severe counter drugs actions being pursued by the new Government in the Philippines. I have relayed my concern and the concern of my Government to the Filipino authorities and I will continue to do so at every opportunity.

I want to make it clear to the House that my Department enjoys a very high reputation in terms of the exceptional levels of consular care we provide to Irish citizens abroad. My officials are known to go above and beyond what is considered the usual practice for a country in terms of consular care. They deal in a dedicated and sensitive way with a huge volume of consular cases, often in very challenging circumstances. Already this year we have dealt with over 1,500 cases.

In general, it is the Department's policy not to comment in detail publicly on individual consular cases. I ask the Deputies and Members of this House to respect that position and come to me directly if there are concerns about a particular Irish citizen.