Paddy Burke (Fine Gael)
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I welcome the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, to the House.

Katherine Zappone (Independent)
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Mr. Ibrahim Halawa, an Irish citizen, will celebrate his 20th birthday in three days and has spent more than 800 days in pre-trial detention in an Egyptian prison for allegedly taking part in an anti-Government protest in Cairo. Not unlike many others concerned for his life, health and well-being, I sent him a birthday card through our Department of Foreign Affairs and Trade, and I hope the message will be passed to the Irish Embassy in Cairo so Ibrahim will know we have not forgotten him and I keep him in my heart.

Protection of the right to liberty and from arbitrary detention is included in all human rights treaties. It is a rule of customary international law. Detention may be characterised as "arbitrary" on the basis that it continues for an unjustifiably long period or there is a delay in bringing the accused to trial. As the Minister is aware, there have been continual adjournments of Mr. Halawa's trial over the past two and half years and the next date is scheduled for 15 December. That will be the tenth time he has been brought to trial. On the ninth time his trial was adjourned, it was due to a judicial ruling that all 494 defendants must be present for the trial to proceed and a couple were not present due to illness. The arbitrariness of his detention is one of the prime reasons I have requested the Minister to provide an update on Ibrahim Halawa's legal case and to outline the Government's actions since his last trial date of 4 October 2015, which ended in adjournment until 15 December.

I am aware of and deeply respect the personal commitment of the Minister to support the release of Ibrahim and the immense work done by him and his officials in the Department of Foreign Affairs and Trade and our Irish Embassy staff in Cairo. As he knows, I had an extended meeting with the Minister's officials prior to Mr. Halawa's last trial date and I heard first-hand an outline of the Minister's actions, strategies and assessment of diplomatic advice taken from other jurisdictions with citizens in similar circumstances. I now request an update of actions since 4 October and I hope the Minister might also give us an indication of how we are supporting Ibrahim's access to his lawyers prior to 15 December.

My understanding from meetings with the international team is that the precise charges Mr. Halawa faces remain unclear and there is no evidence against Ibrahim set out in the charge sheet. Ibrahim has been living in appalling prison conditions, with a lack of medical treatment, and letters from him describe regular beatings, being stripped naked in front of inmates and guards and being hit with metal chains. There is insufficient access to daylight and exercise. Journalists report that a recent letter stated that he is merely "waiting in a queue for my turn on a death row" and his family claims that he has fainted on four occasions in recent weeks as his condition weakens.

Given the lack of evidence and clarity in the charges, along with the lack of access to lawyers, prolonged detention, cruel treatment and the precedence of mass trials in Egypt, a fair trial appears impossible. It is a time of great urgency, as I know the Minister understands. That is why I hope the Minister's reply will indicate what new actions he has taken or will take to step up the pressure for Mr. Halawa's release. I know the Minister is aware that this is no longer a time for aspiration but it is time to secure his freedom and bring him home.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I thank Senator Zappone for raising this important issue. I assure her and the House that the objectives on the part of the Government in this case are two-fold: first, to see the release of Mr. Ibrahim Halawa by the Egyptian authorities so that he can return to his family and his studies in Dublin; and, second, to provide consular support for his health and welfare while he remains in detention.

Having regard to the fact that the trial is ongoing, the Government must be extremely careful to ensure that its actions, both public and private, are well judged and do not detract from our goal of securing positive progress for Ibrahim Halawa at the earliest possible opportunity. The further adjournment of the trial, as outlined by the Senator, was a disappointment and I have conveyed the Government's ongoing concern about the continued delays to both Egypt's Foreign Minister and the Egyptian ambassador to Ireland, both of whom I contact on a regular basis. Embassy officials are preparing to be at the next hearing of the trial, which is scheduled to take place next week on 15 December.

I assure the Senator that within the Department of Foreign Affairs and Trade, this consular case continues to receive a very high level of priority. I acknowledge the Senator's comments in that regard. In addition to the 48 consular visits conducted thus far, the case has also been raised at the highest level between the Taoiseach and President al-Sisi, most recently last month. I have also raised the issue on several occasions with my Egyptian counterpart, the Foreign Minister, Mr. Sanaeh Shoukry. I have raised the issue on a regular basis with the Egyptian ambassador to Ireland, Ms Soha Gendi, and with the European Union’s High Representative of the Union for Foreign Affairs and Security Policy and Vice President of the Commission, Ms Federica Mogherini. My colleague, the Minister for Justice and Equality, Deputy Frances Fitzgerald, also recently raised the case with the Minister, Mr. Shoukry, when they met at the migration summit in Valletta, Malta.

While Ibrahim Halawa remains imprisoned, our focus is on Ibrahim's welfare and I am naturally concerned about reports that he may have embarked on a hunger strike. Such a course of action could be damaging to his health and I cannot see how in any way this course of action could contribute to positive progress on the case. I know of the Senator's interest in this case over a long period and I urge her and anyone who has the best interests of this citizen at heart to do everything within their power to dissuade him from this course of action. They should encourage him to engage in all and every nutritional activity.

The Irish Government has formally supported the applications made to the court to secure Ibrahim's release on bail and under decree 140, which grants a discretionary power of release to the Egyptian President. The bail application, as the Senator is aware, is exclusively a matter for the court's determination. In regard to decree 140, we have been repeatedly advised by the Egyptian authorities that this discretion will only be considered after the trial has concluded. We expect there will be progress in this regard next week, on 15 December. In the meantime, I assure the Senator that we will continue to avail of all appropriate opportunities to respectfully remind the authorities in Egypt of our concern for this citizen's health and welfare.Our wish and priority will be that he will be able to return to his family in Ireland at the earliest possible opportunity.

Katherine Zappone (Independent)
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I thank the Minister and deeply respect the views he expressed. I appreciate and acknowledge the high priority the Minister and his staff have provided for Ibrahim and his family regarding his case. I acknowledge the objectives the Minister has identified and he has pursued those objectives.

In the Minister's response he outlined that he has pursued these various courses. I am not sure if he feels there is nothing more to do apart from continuing in the way he has identified. This case is so critical I felt it was important at this stage for me to raise publicly that, notwithstanding its status under Egyptian law, his continued detention without trial and his inability to meaningfully challenge that detention constitutes a serious violation of his rights under international law. He has been in detention for an unjustifiably long period of time. There must be other ways, whether a fresh application under decree 140 directly from our Government. The Minister and I are aware there is a debate regarding when is the appropriate time to do this when it has been done by other countries in terms of the release of prisoners. I also hope the Minister will support Ibrahim's legal team gaining access to him prior to his trial.

I appreciate the Minister's response but I hope that given the ongoing length of time and the arbitrariness of his detention, there must be other ways the Minister is exploring so that ultimately Ibrahim can be released and come home.

Charles Flanagan (Laois-Offaly, Fine Gael)
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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.

Katherine Zappone (Independent)
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I hope the Minister is right.