Mary Upton (Dublin South Central, Labour)
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Question 385: To ask the Minister for Foreign Affairs if his attention has been drawn to the proceedings involving a person (details supplied) in the USA concerning that person's attempt to persuade the US Supreme Court to hear their case that their sentence ought to be reviewed in view of the US law enforcement agency's failure, subsequent to their arrest, to inform them of their right under Article 36 of the Vienna Convention on Consular Relations; if, in view of the fact that, for instance, in the transcripts of the person's original trial it is clear that just after their arrest when they asked for a solicitor the US law enforcement agency's agents did not apparently understand what the person meant and did not provide them with legal representation or inform them of their right, under Article 36 of the aforementioned convention, to be informed that they might communicate directly with the Irish consulate, he would consider joining Ireland to the person's proceedings; his views on whether such a course would be appropriate, [i]a forteori[/i], since President George W. Bush stated in a 28 February 2005 memorandum for the US Attorney General that, [i]inter alia[/i], pursuant to the ICJ's decision in the Avena case, the US would discharge its international obligations in respect of Article 36 of the aforementioned Vienna Convention and that therefore Ireland would be precluded from taking the person's case to the ICJ on their behalf and so Ireland's moral obligation to enforce its citizen's rights under international law might only now be discharged by so joining the person's attempt to have the US Supreme Court review their sentence; and if he will make a statement on the matter. [10712/06]

Dermot Ahern (Louth, Fianna Fail)
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As I stated in my reply to the Deputy on 14 February 2006, the Department of Foreign Affairs, through the consulate-general in Boston, has closely followed the case of the person mentioned by the Deputy and has been in regular contact with him throughout his detention. The consul-general in Boston also met the defence attorney for the person concerned on 23 January 2006.

During the latest consular visit on 23 February 2006, the person concerned requested that the Government take a case against the US Government on his behalf on the grounds that his Vienna Convention rights had not been adhered to as he had not been given access to a consular call following his arrest. I have asked that all aspects of the case be further discussed with the lawyer and that the position be reported back to the Department for further consideration.