Thomas Pringle (Donegal South West, Independent)
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33. To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the consular assistance given to date to a person (details supplied) with particular regard to the hearing which took place on 10 January, 2013 in the US; and if he will make a statement on the matter. [1477/14]

Denis Naughten (Roscommon-South Leitrim, Independent)
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78. To ask the Tánaiste and Minister for Foreign Affairs and Trade the actions his Department is taking in assisting a person (details supplied) following the granting of retrial by the Florida supreme court; and if he will make a statement on the matter. [1609/14]

Eamon Gilmore (Dún Laoghaire, Labour)
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I propose to take Questions Nos. 33 and 78 together.

The person referred to by the Deputy holds dual American and Irish citizenship. He applied for Irish Citizenship through Foreign Birth Registration and became an Irish citizen in September 2013. He had not claimed Irish citizenship at the time of his alleged offence in 1996 or conviction in 2001.

The person referred to by the Deputy was convicted of sexual battery and murder in 2001 and sentenced to death. In 2013, his conviction was overturned and a new trial ordered. This trial is expected to begin in February 2014.

A pre-trial hearing relating to the case was held on 10^th January. Our Consul General in Atlanta spoke to his lawyers after the hearing on Friday and our understanding is that the pre-trial hearing will reconvene this Friday 17^th January. It is possible that the outcome of this hearing will affect the start date of the retrial scheduled for late February.

My Department does not have an automatic entitlement to provide consular assistance to the person referred to by the Deputy given that he is an American citizen being tried in a US court. In cases involving dual nationality, it is at the discretion of the host nation whether to acknowledge a person’s second citizenship and to afford that country’s diplomatic service access to provide consular assistance.

Once the person became an Irish citizen, my Department notified the State Attorney’s Office in Dade City, Florida of our interest in the case and requested permission to visit him in prison. The Consul General in Atlanta visited him at the Land O’Lakes prison on 24^th October 2013. The Consul General has been in contact with his lawyers since last September and remains in direct contact with them.

My Department and our Consul General are offering full appropriate consular assistance to this person and will continue to do so for as long as necessary.