Micheál Martin (Cork South Central, Fianna Fail)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade if he will raise the status and whereabouts of Ayman Taleb Abustah a prisoner in the Israeli prison system with the Israeli authorities. [55115/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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I am aware of reporting in relation to this individual by an Irish film maker who was recently in Gaza. My Department had not previously had any record of contact in relation to him, from family or NGOs. The NGO with which we usually deal on prisoners’ issues do not have any record of him. Another NGO has a record of an Ayman Taleb Abu Siteh, who is likely to be the same individual, but very limited information on his current status. I am having further enquiries made, including with the Israeli authorities.

Michael Conaghan (Dublin South Central, Labour)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade if he has made any representations to the Ugandan Government regarding the proposed creation of a legal offence of aggravated homosexuality which includes long prison sentences and even the death penalty; if this will be raised in Ireland's capacity as a member of the UN Human Rights Council; if this will be a consideration in any future allocation of development aid to the Ugandan Government; and if he will make a statement on the matter. [55187/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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Ireland, together with our partners in the European Union, share the widespread concerns in relation to the draft Anti-Homosexuality Bill which is currently under consideration at committee level in the Ugandan Parliament. We have been advocating strongly against the adoption of the proposed law. I raised the issue directly with President Museveni when I visited Uganda in July and I asked our Ambassador in Kampala to continue to follow developments closely. She and a group of EU Ambassadors outlined our serious concerns in a recent meeting with the Prime Minister of Uganda. The regular structured EU political dialogue with the Government of Uganda also provides an important opportunity to highlight our concerns directly.

In our dealings with the Government of Uganda we have made the case that the passing of any such legislation would be in conflict with Uganda’s international human rights obligations and would have a detrimental effect on the country’s relations with its international development partners, including Ireland. The position of the Government of Uganda on the proposed law is that it was presented as a private member’s Bill and is not part of the Government’s legislative programme. President Museveni has made a commitment to engage members of Parliament on the implications of this Bill for Uganda’s international relations and reputation.

We, and our EU and other international partners, remain committed to ensuring that the citizens of Uganda do not suffer violence or discrimination on the grounds of their sexual orientation, including through our role as a member of the UN Human Rights Council. Our Embassy in Uganda will continue to monitor developments closely in the coming weeks.

In relation to our development cooperation funding for Uganda, this has been provided for agreed programmes in the social, health and education sectors, through a number of channels. The programmes are regularly examined and evaluated to ensure we achieve effectiveness and value for money. As the Deputy will be aware, I have suspended all Irish Aid funding for programmes delivered through the Government of Uganda as a result of the misappropriation of funds intended for the Peace, Recovery and Development Programme. Until these funds are restored and we are fully confident that the authorities have strengthened internal financial controls and acted against all officials implicated in the fraud, the suspension of all funding through the Government of Uganda will remain in place.

Bernard Durkan (Kildare North, Fine Gael)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade the extent to which it has been found possible directly or in consort with his EU or UN colleagues to ascertain the basis on which an Irish citizen (details supplied) for more than twenty years has been detained in prison without charge for the past five years in Sri Lanka in violation of human rights and international law; if the appropriate bodies at EU and UN level are aware of the full circumstances in the case; if such detention is deemed acceptable; if any particular steps have been taken or are contemplated with a view to ensuring that the person’s rights as an Irish citizen are observed in the spirit and letter; and if he will make a statement on the matter. [55354/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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As the Deputy may be aware from previous replies in relation to this Irish citizen, my officials remain in close and direct contact with the person’s spouse and family and liaise directly with them on any request for assistance or on any development on this case. The Ambassador and officers in the Embassy in New Delhi, which is accredited to Sri Lanka, have also been very active in pursuit of progress in this difficult case. I met with the person’s spouse, daughter and other family representatives of the person mentioned by the Deputy on 29 February 2012. The person’s spouse and other family representatives also met with the Head of the Consular Division on 28 May 2012. As a result of these meetings I once again wrote to the Sri Lankan Minister of External Affairs on 18 June 2012, urging on behalf of the Government of Ireland that the person mentioned by the Deputy be either released or charged at the earliest opportunity. I also informed the Minister of External Affairs that I would like to personally meet with him in the margins of any international meeting at which we are both present, to discuss the case, should the opportunity arise. A response to my letter is awaited.

The Sir Lankan authorities have confirmed that the person named by the Deputy is being detained under emergency legislation relating to the prevention of terrorism. The case of the person mentioned by the Deputy has been raised with the EU Delegation in Colombo. My Department will continue to liaise with the EU Delegation and follow developments closely. I intend writing to Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy to seek her assistance on the human rights aspects of the case.

Sri Lanka underwent its Universal Periodic Review, or UPR, at the UN Human Rights Council in Geneva on the 1st of November this year. In advance questions to Sri Lanka, Ireland raised the issue of legal safeguards for persons suspected or charged under the Prevention of Terrorism Act, stressing the importance of trials taking place within a reasonable time frame. Ireland also requested information on any actions taken or plans to begin a process of reintegration for those in detention following the end of the conflict in Sri Lanka in May 2009, or information on any plans to begin legal proceedings in accordance with due process against those in detention. Finally, Ireland recommended that the Government of Sri Lanka take steps to ensure that all detainees are afforded a fair trial within a reasonable time period.

There has been a significant development in the case in the past few days where his lawyers informed the person’s family that the Sri Lankan authorities would formally charge him on Monday 10 December 2012. When, he appeared before the court, the case was postponed to Tuesday, 18 December 2012. Our Embassy in New Delhi has been informed of this and, while they are precluded from intervening in any way in judicial proceedings, they will continue to provide all possible consular assistance.

I am most conscious and concerned about the fact that the person mentioned by the Deputy has now spent five years in detention without charge. I can assure the Deputy that I and my officials will render all possible consular assistance.