Seanad debates

Thursday, 10 December 2015

Commencement Matters

Human Rights Issues

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

I wish to clarify a few points. On behalf of the Irish Government, I wish to assure the Senator and this House that we fully support all and any applications that have been made to the court regarding bail and the Presidential decree 140. Ultimately we do not have a final say in the judgment. I am sure the Senator will agree this is a matter exclusively under the jurisdiction and remit of the courts in Egypt. However, we are not only in regular but constant contact. I accept that there are those who do not agree with the Government's approach. However, I appeal to anyone who has the best interests of our citizen at heart to ensure that their own actions and public statements do not jeapardise his position and progress that has been made to date, irrespective of any views regarding the fairness or appropriateness of any arrest abroad. While we are entitled to expect that international standards are fully complied with, when an Irish citizen is charged with an offence under the law of a foreign country, it is foreign law that is applied. In this case it is Egyptian law which is applied. It is the relevant foreign authorities which decide on matters such as bail and release. Of course I wish to acknowledge what the Senator has said regarding the inordinate length of time for which our citizen has been detained without trial. I acknowledge the contribution of many NGOs which have expressed an interest in this case. However, ultimately the decision to release Ibrahim Halawa will be made by the Egyptian authorities.

My strategy in seeking his release is carefully considered. It is informed by decades of experience in difficult consular cases. It is underpinned by extensive and ongoing consultation with states which have had citizens in similar circumstances. I speak to my international colleagues on a regular basis to see and determine where best practice can be applied. Since October, which was raised by the Senator, I assure the Senator we have renewed our engagements and we continue to seek all and every opportunity to make our position clear. Therefore, the approach taken by the Government represents the best means of achieving the twin goals of protecting his welfare and, more important, securing his release at the earliest opportunity.

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