Billy Timmins (Wicklow, Independent)
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5. To ask the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the appeal of persons (details supplied); and if he will make a statement on the matter. [43053/13]

Eamon Gilmore (Dún Laoghaire, Labour)
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I am aware of the situation concerning the person referred to by the Deputy. As he is not an Irish citizen it is not possible for my Department to offer him consular assistance. The Greek authorities are under no legal obligation to assist our Embassy with any requests made in connection with this case, as we have no locus standi in the matter. However, on hearing of his detention, and notwithstanding the fact that he is not a citizen of Ireland, the Irish Embassy in Athens made contact with the Greek police in an effort to convey the Irish Government's interest in this case on the basis that he is married to an Irish citizen. It was made clear to our Embassy that the authorities in Crete would not provide them with any information regarding this case as no Irish citizen was involved. To clarify further, our Embassy has certain rights of communication and contact with Irish citizens in Greece to facilitate the exercise of our consular functions under the Vienna Convention on Consular Relations (1963). The Embassy has no such rights for other persons, even if they are related to Irish citizens. The wife of the person concerned has met with the former Minister of State in my Department. She has also met with the Irish Ambassador to Greece and his deputy, her husband's lawyer was also present at this meeting. As a result of concerns raised at these meetings the wife of the above named has also been facilitated by the Consular Services Section of my Department, she has had her documents authenticated as required.

The Embassy is not in a position to attend the appeal proceedings. If the wife of the person in question fears that she will be subject to intimidation at the trial, she should raise this concern with the Greek authorities and, if she does so, our Embassy can then contact the Greek authorities advising that we have been informed of their concerns and request that appropriate assistance/protection be provided to them as witnesses.

My Department through the Embassy in Athens contacted the Albanian Embassy in Athens in September 2010 to inform them of the case and the fact that wife of the person in question was an Irish citizen. The Albanian Embassy did not make any response to this communication. It is a sovereign matter for each country to decide what level of consular assistance it affords its citizens. It would be inappropriate for me to comment on the Albanian Embassy's consular services to their citizens.