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Wednesday, 22 Feb 2017

Written Answers Nos. 34-44

Irish Prisoners Abroad

Questions (34, 35, 44, 47)

Darragh O'Brien

Question:

34. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the new efforts his Department will make to secure the release of a person (details supplied) whose trial has been postponed for the 19th time; and if he will make a statement on the matter. [8546/17]

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Bríd Smith

Question:

35. Deputy Bríd Smith asked the Minister for Foreign Affairs and Trade if he will report on his latest efforts to secure the release of a person (details supplied) from Egypt. [8705/17]

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Paul Murphy

Question:

44. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade if he will report on the most recent postponement of the trial in Egypt of a person (details supplied) and contacts his officials have had with the Egyptian authorities; and if he will make a statement on the matter. [8766/17]

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Seán Crowe

Question:

47. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade his views on the fact that a person's trial (details supplied) has been postponed for the 19th time in view of the fact that the person has been convicted of no crime and his arbitrary detention and participation in a mass trial violates both Egyptian and international law; and if he will raise the case with the Egyptian Foreign Minister, Sameh Hassan Shoukry, when he attends the EU Foreign Affairs Council meeting in Malta in March 2017 to discuss the ongoing situation in Egypt. [8685/17]

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Written answers

I propose to take Questions Nos. 34, 35, 44 and 47 together.

As I have said in this House on many occasions, this consular case continues to be a top priority for the Government and substantial resources and time are being devoted to it, by the Taoiseach, by me as Minister for Foreign Affairs and Trade, by officials in my Department, by our Ambassador and his team in Cairo, and by the entire Irish diplomatic network.

The Government is doing everything it possibly can to ensure that the Egyptian authorities are in no doubt about our determination to see this young man returned to his home and his family in Ireland as soon as possible.

I was disappointed that the court case in which our citizen is a defendant has once again been delayed following the most recent hearing on 14 February, and I very clearly expressed my concern in a statement which I issued that day.

Ireland’s Ambassador to Egypt was present in the court for the hearing and reported to me on developments. The latest hearing was dominated by consideration by the judges of petitions from lawyers acting on behalf of some of the defendants. After hearing these, the judges decided that witnesses could not be called on this occasion because a number of defendants, who are also involved in other cases, were not present in the court.

Our Ambassador’s assessment is that, notwithstanding the latest adjournment, the new panel of judges in the case are determined to move the case forward. Hearings in December and January have seen witnesses called and cross-examined for the first time since the trial began. The Irish Government has been present at and has observed every hearing in the trial to date and will be present at all future hearings.

Between now and the next hearing date in March, it is envisaged that the Embassy team will conduct a further consular visit with our citizen in order to discuss with him directly any issues arising in relation to the case and his health and welfare.

Officials from my Department maintain ongoing contact with this man’s family and his Egyptian and Irish-based legal teams and they have been in contact with the family again following the latest hearing in the case.

The reality is that it is the Egyptian authorities that are detaining this citizen, and only the Egyptian authorities can make the decision to return him to Ireland.

The Taoiseach has been in contact directly and personally with Egyptian President el-Sisi on numerous occasions now calling on him to exercise his powers under Egyptian law to resolve this case and return our citizen to Ireland.

For my part, I have availed of every appropriate opportunity to raise this case with my Egyptian counterpart, Foreign Minister Sameh Shoukry, and I can assure the House that I will continue to do so.

I and my colleagues in Government and our officials will continue to do everything possible and appropriate to apply pressure on Cairo on this young man’s behalf both directly and through and with EU and international partners.

International Relations

Questions (36)

Maureen O'Sullivan

Question:

36. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade further to the historic visit of President Higgins to Cuba, his plans for further engagement with Cuba, in particular the way Ireland can contribute in resolving the issue of the banking difficulties. [8691/17]

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Written answers

The visit of President Michael D Higgins to Cuba last week, as part of his official three country visit to Latin America, marked a high point in bilateral relations between Ireland and Cuba. The visit was historic in that it was the first by a serving President of Ireland to Cuba.

During the visit, a Memorandum of Cooperation between the Government of Ireland and the Government of the Republic of Cuba was signed by David Stanton TD, Minister of State with special responsibility for Equality, Immigration and Integration. I warmly welcome the signature of this agreement, the core aim of which is to open channels of dialogue and cooperation between Ireland and Cuba, particularly in trade and cultural engagement.

The Agreement commits Ireland and Cuba to promoting cooperation in many areas including economic, commercial, industrial, agricultural, academic, cultural, scientific and tourism relations. Together with the EU-Cuba Political Dialogue and Cooperation Agreement, this Memorandum will place the Ireland-Cuba relationship on a more forward-looking footing, and will give Ireland the means to engage more positively with Cuba, and to respond promptly and positively to future developments in the country.

The President's visit was the first by an EU Head of State to Cuba since the signing in 2016 of the EU-Cuba Political Dialogue and Cooperation Agreement. I had the honour to sign this Agreement on behalf of Ireland, along with my EU colleagues and the Cuban Minister for Foreign Affairs, in the margins of the Foreign Affairs Council on 12 December 2016. As the Deputy will be aware, this is the first such agreement between the EU and Cuba. Its signature marks a further positive step forward in relations between Cuba and the EU, which have improved considerably in recent years. I believe that improvements in the EU-Cuba relationship will in turn have helpful consequences for the Ireland-Cuba relationship.

In addition to both the EU-Cuba PDCA and the Ireland-Cuba Memorandum, there has been an increased frequency of contacts between Ireland and Cuba at official level in recent times, both directly from the Department of Foreign Affairs and Trade and via our Embassy in Mexico which is accredited to Cuba. Political consultations, led by the Secretary General of my Department, took place in 2015 and again en marge of the visit of the President last week.

In relation to banking issues, my officials have in the past raised the difficulties that emerged, insofar as the extraterritorial application of US legislation is relevant, with the US side. In response, the US have noted the concerns of banks everywhere to reduce risk in the face of heightened financial regulation and oversight. They have stated that the US government does not direct financial institutions to maintain particular financial relationships and have recommended contact by relevant parties with the US Department of the Treasury’s Office of Foreign Asset Control for information regarding Cuba-related transactions. I am not aware of current difficulties being experienced by Irish citizens but would be glad to consider same if the Deputy wished to follow up with details.

The enhanced relationship between the EU and Cuba as supported by the EU-Cuba PDCA, and the signature of the Memorandum of Cooperation between Ireland and Cuba last week, together provide a solid framework and welcome opportunity to strengthen Ireland’s bilateral relations with Cuba. This strengthening of the bilateral relationship was cemented by the historic visit of President Higgins to Cuba. I look forward to continued positive developments in the period ahead.

Catalan Referendum

Questions (37)

Seán Crowe

Question:

37. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the pending prosecution of persons (details supplied) for facilitating a non-binding consultation on Catalan independence; and his views on whether the Spanish Government should resolve its disagreements with Catalan politicians, including on an independence referendum, through a process of mutual dialogue and respect rather than through prosecuting democratically elected politicians. [8688/17]

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Written answers

The constitutional status of Catalonia is the subject of ongoing debate in Spain. As I have previously stated, constitutional and political issues in any country of the European Union can only be determined by its own institutions and people. It would not be appropriate for me to comment further on such debate in another EU member State.

Human Rights

Questions (38)

Seán Crowe

Question:

38. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the plight of the Rohingya in Myanmar (details supplied); and if he will make a statement on the matter. [8686/17]

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Written answers

Ireland welcomes the democratic transition which is currently underway in Myanmar/Burma following elections in November 2015. We recognise the positive steps that the new Government of Myanmar/Burma has taken in pursuit of peace and reconciliation, democratic reforms and economic growth. I am however deeply concerned about the plight of the Rohingya people in Myanmar, as well as Rohingya refugees in neighbouring countries, particularly in light of the escalation of violence in Rakhine State in the wake of attacks on police posts near Myanmar/Burma’s border with Bangladesh in October 2016.

Ireland has consistently called for an independent investigation into the allegations of human rights violations by the security forces, as well as the need for the full restoration of humanitarian and media access to Rakhine State. I note with serious concern the report of the UN Office of the High Commissioner for Human Rights which issued on 3 February, which outlined experiences of the Rohingya community who recently entered Bangladesh from Rakhine State. I am also aware of the media reports, to which the deputy has referred, which indicate that two senior UN officials estimate that more than 1,000 Rohingya Muslims may have been killed by Myanmar security forces in their response to the October 2016 attacks.

Ireland has been active in raising concerns regarding the treatment of the Rohingya community at bilateral level with the authorities in Myanmar/Burma and in the context of our membership of the EU and the UN. Ireland’s Ambassador to Thailand, who is accredited to Myanmar/Burma, raised these concerns with Minister of State for Foreign Affairs U Kyaw Tin during a visit to the country in January 2017. The Embassy continues to monitor the situation closely.

Ireland has also raised concerns regarding the situation of the Rohingya community in the context of our membership of the EU and the UN. In 2016, Ireland supported the EU-led resolution on the situation of human rights in Myanmar/Burma at the 31st session of the UN Human Rights Council (HRC) in March 2016. This resolution conveyed the HRC’s serious concerns over human rights violations in the country, including the situation in Rakhine State and particularly with respect to religious and ethnic minorities, including the Rohingya minority. Ireland also raised this issue in a statement at the 32nd session of the HRC in June 2016 and during the review of Myanmar’s human rights record at the HRC’s Universal Periodic Review in November 2015. Ireland has also supported the inclusion of this issue in the EU’s contact with the Government of Myanmar, including in the most recent EU-Myanmar Human Rights Dialogue which took place on 22 November 2016.

Official Engagements

Questions (39, 59)

Paul Murphy

Question:

39. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade his views on the appropriateness of the planned visit by senior members of the Government to the President of the United States of America in view of the recent positions taken by the US President on immigration, human rights, foreign affairs and other issues; and if he will make a statement on the matter. [8764/17]

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Richard Boyd Barrett

Question:

59. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade if he has had or is planning any discussions with the Taoiseach on issues that he should raise when he visits the White House in March 2017; if these issues include changes to US foreign policy with regards to Palestine; and if he will make a statement on the matter. [8769/17]

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Written answers

I propose to take Questions Nos. 39 and 59 together.

The US President has extended an invitation to the Taoiseach to visit the White House for the traditional St Patrick’s Day events this March. Similarly, Vice-President Pence has said that he would be happy to continue the tradition of hosting a St Patrick’s Day breakfast at the US Naval Observatory, while Speaker Paul Ryan has confirmed his intention of hosting the traditional Friends of Ireland lunch on Capitol Hill.

Collectively, the St. Patrick’s Day events in Washington provide invaluable opportunities for the Government to discuss, at the very highest levels with the US Administration, our priorities and concerns. It is also an opportunity to inform the new Administration and Congress of issues of particular Irish interest, including immigration reform in the United States and the continuing need for vigilance on the Peace Process in Northern Ireland.

In our multifaceted bilateral relations with the United States, St Patrick’s Day-related engagements represent a key annual opportunity to pursue Ireland’s interests and concerns with the US Administration. The events surrounding St. Patrick’s Day also offer us the chance to reaffirm our longstanding relationship with a broad array of US stakeholders, based on shared values of democracy and the rule of law, as well as economic and historic ties.

Whether or not the Middle East Peace Process features in those discussions will depend on developments between now and then. While President Trump has made clear his preference for moving the United States Embassy to Jerusalem, his Administration has stated that it is studying the issue before making any announcement. I also noted the President’s comments following his meeting with Israeli Prime Minister Benjamin Netanyahu. It is unclear what these comments may mean in practice. I and my Department follow these issues closely and will continue to do so.

Questions Nos. 40 and 41 answered with Question No. 31.

Official Engagements

Questions (42)

Catherine Murphy

Question:

42. Deputy Catherine Murphy asked the Minister for Foreign Affairs and Trade if he raised the issue of unlawful killings in Northern Ireland during the Troubles with the Secretary of State for Northern Ireland, James Brokenshire; and if he will make a statement on the matter. [8604/17]

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Written answers

I discussed legacy issues with the Secretary of State for Northern Ireland when we met in Dublin on 30 January, following on from detailed engagement with him on these matters at previous bilateral meetings.

In my discussions, both with the Secretary of State and with the political parties in Northern Ireland, I have made consistently clear that the rule of law, including the requirement for effective investigations of unlawful killings, irrespective of who the perpetrators might be, must be upheld. This is reflected in the principles agreed to by all parties in the Stormont House Agreement of 2014, for dealing with the legacy of the past.

The Government remains strongly committed to the establishment of the architecture for dealing with the legacy of the past that is provided for in the Stormont House Agreement. This system provides a framework for dealing comprehensively with the legacy of the past in a way that can bring whatever healing is possible to those affected by the Troubles.

An effective and adequately resourced inquest system is an essential part of the system to provide for effective investigations into deaths during the Troubles, and this requirement is also recognised in the Stormont House Agreement.

I am fully supportive of the proposals that were made by the Lord Chief Justice of Northern Ireland in February 2016. In my engagement with the British Government and the political parties in Northern Ireland, I have underlined the need to adequately resource the inquests system as proposed by the Lord Chief Justice, so that it can operate effectively and investigate outstanding legacy cases from the Troubles.

I have also emphasised the right under Article 2 of the European Convention on Human Rights to an effective investigation, which is a sovereign obligation that must be upheld by all responsible authorities. In December 2016, I directed that Ireland advocate at the Council of Europe on the urgent need for progress on legacy issues in Northern Ireland, including a properly resourced legacy inquests system, so that the long-outstanding investigations can finally proceed in a manner that is compliant with Article 2 of the Convention.

I will continue to engage with the British Government and the parties in Northern Ireland, as appropriate, to support the implementation of the Lord Chief Justice’s proposals on legacy inquests and the establishment of the legacy institutions provided for under the Stormont House Agreement, as soon as possible. The formation of a new power-sharing Executive following the election to be held on 2 March will, I hope, contribute to progress on these issues.

Question No. 43 answered with Question No. 32.
Question No. 44 answered with Question No. 34.
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