asked the Minister for Foreign Affairs if he is aware that under Spanish law an Irish national can be detained in prison for up to four years without being tried for any offence; and if he will make representations to the Spanish authorities to have the law of that country changed to ensure that Irish nationals in the country held on suspicion of having committed any crime will be tried within a more reasonable period, or released from prison.
Ceisteanna — Questions. Oral Answers. - Spanish Detention Law.
6.
The Spanish law on criminal procedure contains provisions under which any prisoner in Spanish jurisdiction may be held before trial. There is no discrimination between Irish and other prisoners in this regard.
The detention is called "provisional imprisonment" and can be decreed only when the judge decides that there are sufficient grounds for believing that a crime has been committed and the criminal responsibility attributed to one or more persons. The imprisonment will not last longer than three months in respect of prosecution for a crime carrying a jail sentence on one to six months; not longer than one year for crimes carrying a sentence of six months to six years and not longer than two years for crimes carrying a sentence of over six years. In the latter two cases where circumstances do not allow a trial within the stipulated time limits and when the accused might evade the course of justice, imprisonment may be extended to two and four years respectively.
In effect the four year provision to which the Deputy refers is an exceptional measure reserved for crimes of the most serious nature, I understand that it was mainly intended for terrorist offences. The practical maximum period of detention before trial is two years.
These provisions apply to all prisoners in Spanish jurisdiction and it would not be appropriate nor indeed effective for me to make representations to have them changed. Irish citizens abroad are, of course, subject to the law of the place in which they are.
Naturally, in cases where an Irish citizen is in custody, we offer all appropriate consular assistance, including every effort to bring about an early trial.
Is the Minister aware of the imprisonment of an Irish national in Spain by the name of Brendan Flynn, who has now been held in excess of one year? Is the Minister aware that, in respect of that person, when I raised this matter in the Dáil on 14 March last, his Junior Minister indicated that he expected that that person would be tried in the following month, namely, April, and that nothing at all has happened since?
That is not true. There is another question later on which will give the Deputy more information.
I wonder would the Minister deal with Questions Nos. 6 and 19 together which, because of the lottery system, do not appear together? It might be helpful to the House if he did.
If it is acceptable to the House and the Chair, I will of course do so.
I am asking if there is any objection because it had not been decided to take the two of them together originally lest I be accused of creating a precedent.