Finian McGrath (Dublin North Central, Independent)
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305. To ask the Minister for Foreign Affairs and Trade for an update on a case (details supplied); and if he will make a statement on the matter. [36826/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Our objectives in this case are twofold: Firstly to see this citizen released by the Egyptian authorities so that he can return to his family and his studies in Ireland, and secondly to provide consular support for his welfare while he remains in detention. The considered approach and sustained action that has been taken by the Government has been to further these objectives, and most importantly to avoid any action that could be counterproductive or detrimental to his best interests.

Since this citizen was detained in August 2013, the Department of Foreign Affairs and Trade has provided substantial consular assistance to both him and his family. Embassy officials in Cairo have conducted 46 consular visits to date, and have attended all hearings of the case, including the most recent adjournment on 4 October. Embassy officials will also attend the next hearing on 15 December. The Irish Government have formally supported applications by the citizen’s Egyptian lawyers for release under the Egyptian Presidential Decree law, and requests for release on bail.

It is important to bear in mind the role of the Irish Government where citizens are imprisoned abroad. Irrespective of any views regarding the fairness or appropriateness of any arrest abroad, the reality is that where an Irish citizen is charged with an offence under the law of a foreign country, it is the foreign law that applies and it is the relevant foreign court which decides matters such as bail and release. The decision to release this individual either on bail or on any other basis, will be a decision that is made by the Egyptian authorities.

Given that the trial has now commenced and a formal petition for his release on bail is currently being considered by the Egyptian courts, the Government must be measured in its public comment. The Taoiseach met the Egyptian President in New York last month and this case was amongst a number of issues they discussed. It was clear from this discussion that it is highly unlikely that there will be any decision by the Egyptian authorities regarding his unconditional release until the judicial process is concluded. This corresponds with what I have previously reported following my own political contacts with the Egyptian foreign Minister on this case.

The Government continues to review our approach and actions in this case, but we are guided at all times by what we firmly believe to be in this citizen’s best interests and to be most likely to contribute to a positive outcome for him.