asked the Minister for Foreign Affairs if he will report to the House on the present position regarding the release of an Irish national, Brendan Flynn, who has been in prison in a Spanish jail for over one year following his arrest on a suspicion of having been involved in a murder, and in respect of whom there is no indication that the Spanish authorities will bring him to trial.
Ceisteanna — Questions. Oral Answers. - Detention of Irish National in Spain.
19.
The Minister of State informed the House of the facts of the case as of 14 March 1985. Since that date the Irish Embassy in Madrid and my Department have continued to be closely involved in the case, and to maintain direct contact with Mr. Flynn, his family and his Spanish lawyers.
Under Spanish criminal procedure there are two principal stages before trial: stage 1 is the "instruction" or investigation where a judge, having decided that there are sufficient grounds for indictment, compiles a summary proceeding.
In stage 2 the State prosecutor, after an evaluation of the evidence contained in the summary proceeding, makes a formal accusation in writing classifying the crime and proposing a penalty. The defence lawyer studies this and makes his own proposal in writing. Once this step has been completed the case comes to public hearing before a tribunal of three judges.
In Mr. Flynn's case the first stage has been completed for some time. The State prosecutor is evaluating the evidence, and is expected shortly to present a formal accusation in writing to the tribunal. The Embassy, on my instructions is strongly pressing to have the matter speeded up.
On 25 April of this year bail of 5,000,000 pesetas (approx. IR£27,000) was set for Mr. Flynn but this has not been availed of. His lawyers' efforts to reduce the amount of the bail have so far been unsuccessful.
As I said in reply to Deputy Molony's earlier question, what the Minister of State said at the time was that the case was expected to come up for trial the following month. In fact it did not reach its second stage until, I think, 25 September last and, to repeat what I said earlier:
The State prosecutor is evaluating the evidence, and is expected shortly to present a formal accusation in writing to the tribunal.
Our Embassy in Madrid are pressing to have this done as quickly as possible in an effort to speed up the trial of Mr. Flynn.
I can assure the Deputy and the House that we are concerned about the length of time this has taken. But it is another jurisdiction and the person who is charged with the crime must be tried under the laws of that country. We are endeavouring to ensure that these are speeded up as far as possible.
I understand that the Minister has been making representations. My purpose is to highlight what seems to be a dreadful injustice being done to an Irish national. Has the Minister had an opportunity to see the book of evidence produced by the Spanish police in relation to Mr. Flynn's case? If he has, would he agree that it is full of nonsense — I am not going to go through it again — matters which I pointed out here on 14 March last? Would the Minister confirm the information I have, which is that there is no further evidence or information available to the Spanish authorities that would add to the information they had available to them in March last?
I could not confirm or deny that; I do not know. I have not personally seen the book of evidence. But I do know that the Embassy and the authorities here have been facilitating whatever evidence was necessary in Mr. Flynn's defence in every way and that that will continue to be the case until he is brought to trial.
One final point which arises on Question No. 6: in the circumstances of this case would the Minister consider giving special advice and warning to Irish people going to Spain of the draconian measures obtaining there, that people can be incarcerated on suspicion for years without being put on trial? Is the Minister aware that it is common knowledge, and privately admitted by diplomats in Spain, that if Mr. Flynn's family paid the £30,000 he would never see a trial, or have the opportunity to clear his name, and that he would never get his money back? Would the Minister agree that these matters should be highlighted for the thousands of Irish people who go to Spain each year?
I would certainly be very glad to highlight the fact that anybody who goes to another country is subject to the laws of that country, not to Irish law, and anybody who travels outside the country should remember that fact.
Seeing that there is at present before the House a Bill to facilitate the accession of Spain and Portugal to the EC, would the Minister consider it desirable that the Ministers — they will now be 12 — should have established at the earliest possible opportunity a legal committee to consider cases where the legal procedure is so different in Spain, and in Greece for that matter, where Irish citizens have been held for long periods, to ascertain whether there could be some modification or change in that legal procedure which would make for more amity and harmony in the enlarged EC?
May I say that, when two Deputies stand at the same time, the Chair feels uncomfortable? I am sure Deputies would not wish that.
I have finished my question.
I must apologise. You are quite right, a Cheann Comhairle, to rebuke me. My apologies to the House also. Probably it is desirable that an effort should be made, in the context of the EC, in the fullness of time——
In the European Court——
——to bring the laws of the various countries closer together. But we must deal with the position as it obtains now and it obtains now is as I have outlined it in the House.