Vol. 875 No. 1
169. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he will raise again with the British Government the need to release the files and papers pertaining to the Dublin-Monaghan bombings of May 1974; and if he will make a statement on the matter. [15328/15]
In May 1974 the single greatest act of carnage in the period known as the Troubles on our island resulted in the deaths of 44 innocent people from Dublin city and Monaghan town.
The Dáil, in 2008 and 2011, unanimously passed a motion requesting the British Government to give an international eminent legal person access to papers and files relating to those bombings. Unfortunately, to date, the British Government has not reacted positively to a call from a sovereign Parliament.
Will the Minister ensure that he raises again with members of the British Government, at every opportunity he has, the need for it to respond positively to those calls by Dáil Éireann to release those papers and progress those investigations into the desperate and evil deeds that occurred in May 1974?
I acknowledge Deputy Smith's long-standing interest in this matter. I assure him and the House that the Government fully supports the all-party Dáil motions of July 2008 and May 2011 urging the British Government to allow access by an independent international judicial figure to all original documents in its possession relating to the Dublin-Monaghan bombings. I have raised this issue with the Secretary of State for Northern Ireland, Ms Theresa Villiers MP, including when I met her in Belfast in January of this year and in Dublin in February. I am aware and I welcome that Deputy Smith and his party leader, Deputy Micheál Martin, raised this matter with Secretary of State Villiers when they had the opportunity to meet her in February also. The Secretary of State has indicated to me on a number of occasions that the British Government would consider afresh how it can respond to these Dáil motions.
I welcome the continued all-party support for the campaign on behalf of the Dublin and Monaghan families. The Justice for the Forgotten campaign, which supports victims and their families and operates as a project of the Pat Finucane Centre, received grant support of almost €50,000 in 2014 from the reconciliation fund operated by my Department. The funding will assist Justice for the Forgotten with its important work. I am aware that my officials will be meeting with representatives of Justice for the Forgotten in Belfast tomorrow in regard to the provisions for dealing with the past in the Stormont House Agreement. Indeed, I would hope to have the opportunity to meet with Justice for the Forgotten over the coming weeks, and I am conscious in that regard that the anniversary of the Dublin and Monaghan bombings falls on 17 May next. I accept that anniversaries can be a particularly difficult time for the families of victims and for survivors, and the Dublin and Monaghan families are in my thoughts as we discuss this most sensitive of issues in the House today. I wish to assure Deputy Smith of my ongoing interest.
I thank the Minister sincerely for his interest. I keep raising this issue because we want to assure the families of the victims, and victims themselves, that we are determined, as a Parliament, to ensure proper and full investigations are carried out. Before the 41st anniversary of these awful deeds, a new Secretary of State for Northern Ireland will probably have been appointed by a new British Government. Will the Minister give us an assurance that, in his first engagement with the new Secretary of State or with members of the new British Government, he will raise this as a particular subject on which we need progress? It is absolutely unacceptable that there has not been a positive response by the British Government to the ongoing work of successive Ministers for Foreign Affairs and Trade and successive Governments, and the unanimous motions passed by this House on two separate occasions. I hope the Minister will raise this with the new incumbent, whatever party that person belongs to.
I assure Deputy Smith that I will continue my efforts in order to ensure this issue can be progressed. On his recent visit to Belfast, the Taoiseach made clear the importance which this Government attaches to the issue of disclosure and co-operation in dealing with the legacy of the past. For the Irish Government and other State authorities, this means committing to co-operating to the fullest possible extent with all of the many legacy cases.
In this context, I assure Deputy Smith that I will continue to call on the British Government to provide access to an independent international judicial figure and to original documents in its possession relating to the Dublin-Monaghan bombings. I propose to take this matter up at an early date, once a Secretary of State for Northern Ireland has been appointed following the upcoming elections to Westminster.
Before the 41st annuiversary of these awful deeds, a new Secregtary of State for Northern Irelzand will probably have been appointed by a new British Government
The Minister acknowledged the engagement Deputy Micheál Martin and myself have had with the Secretary of State.
We also engaged with the Labour Party spokesperson for Northern Ireland, Mr. Lewis MP.
As the Minister knows, the Barron report is extremely important. Mr. Justice Henry Barron found grounds for suspecting that the bombers may have had help from members of the British security forces. Likewise, with regard to the atrocity in Monaghan town, the UVF claimed responsibility. There is a body of evidence which points in one direction in regard to where the responsibilities for these murders rest. If the British Government is not forthcoming at an early date in responding positively to the request of this House, will the Government consider initiating legal action against the British authorities?
I assure Deputy Smith that I have consistently raised the issue with my counterpart, Secretary of State Villiers. I acknowledge the contribution, help, assistance and influence of the Leader of the Opposition and Deputy Smith not just recently, but over a long period of time. I assure the Deputy that, in the context of my deliberations, my Department has a long-standing relationship with the Justice for the Forgotten group. We have had several meetings with it, both at official and ministerial levels. I would be happy, as I said in my reply, to have an opportunity to meet it and I undertake to take up the matter in a vigorous and vociferous way as soon as the new Secretary of State is appointed, following the election in Britain on 7 May.
170. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is concerned that the trial of a person (details supplied) has now been postponed until 26 April 2015, that this person has been in jail in Egypt for more than 600 days; and if he will provide an update on the case. [15330/15]
Sadly, I raise the case of Ibrahim Halawi with the Minister once again. He has been in jail for the past 600 days and we all hoped he would have been released and back home in Ireland by now. We all agree he will not get a fair trial in Egypt, considering the political situation there. Up to now there have been mass show trials and no real legal proceedings. Can the Minister give an update on what support the Irish embassy is giving to Ibrahim and his family. I talked to the family last week and they were worried about the fact he had been moved and they had no knowledge about what was happening.
Our objectives in this case are clear - first, to see the release of this individual by the Egyptian authorities so that he can return home to his family and his studies in Dublin and second, to provide consular support for his welfare while he remains in detention. This considered approach and sustained action that has been taken by me and my officials in this case has been to further these objectives at all times and to avoid any action that could be counterproductive or detrimental to his best interests. 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 solely by the authorities in Cairo. Since this citizen was originally detained in August 2013, I and officials in my Department, including our ambassador in Cairo, have raised this case with the Egyptian authorities regularly and consistently. In addition, he has received consular visits from embassy official on 37 occasions to date. I can confirm that the Irish Government has formally supported both the application by this citizen’s lawyers for his release and return to Ireland under the November presidential decree and the more recent application for his release on bail. Our official support for this citizen’s release has been duly communicated to the authorities in Cairo in formal diplomatic notes that have been included in the documentation submitted to the court and the authorities by his lawyer.
I have spoken to my Egyptian counterpart on numerous occasions, both in person and on the telephone. On 4 March I met with Assistant Foreign Minister Badr and discussed the case with him in some detail.
On 2 April I spoke again with my Egyptian counterpart, Mr. Shoukry, to underline the Irish Government’s commitment regarding the formal applications that have been made for this individual’s release.
I welcome the Minister's involvement in the case. I do not believe the individual will get a fair trial. He is being held in appalling conditions. He is not safe, he is vulnerable and his human rights have been violated. He was 17 when he was arrested, and he has been detained for the past two years. His health and mental condition are clearly deteriorating.
We saw the release of al-Jazeera journalists. We were told the Australian and Canadian Prime Ministers had contacted the Egyptian President, Mr. el-Sisi, which helped to secure their citizens' release. Has the Minister contacted the Australian and Canadian embassies to find out more about the process they used, the levers they pulled and the buttons they pushed to secure the release of their citizens? Does he believe that, before the next court appearance, the Taoiseach should contact President el-Sisi personally in an attempt to secure Ibrahim's release?
I assure the Deputy and the House yet again that there have been ongoing and useful contacts at official level with our international partners in regard to this case. Having spoken at some length to the Australian Minister for Foreign Affairs, Ms Julie Bishop, and to my Canadian counterparts, I am well briefed on the facts of their cases and how they differ from the circumstances of the Irish citizen involved and the approach taken by their countries. Having had those conversations, I am fully satisfied that the actions we are currently taking in pursuit of our objectives in this case are totally appropriate and focused on the best interest of the individual involved and, equally important, are more likely to facilitate a positive outcome.
My colleague Lynn Boylan has formally brought this case to the office of the EU High Representative for Foreign Affairs and Security Policy, Ms Federica Mogherini. I raised this personally with her. Ms Boylan raised the point that Egypt is in breach of Article 2 of its Euro-Mediterranean trade agreement, which states that relations between the parties "shall be based on respect of democratic principles and fundamental human rights as set out in the Universal Declaration on Human Rights, which guides their internal and international policy". It is clear, therefore, that Egypt is not living up to its side of this agreement. Has the Minister discussed this breach with his European counterparts? Are they aware of what is happening to this EU and Irish citizen, and has the Minister encouraged them to raise the breach with the Egyptian Government on behalf of EU citizens?
Once again, I assure the House that I am fully aware of the frustrations and sensitivities involved. I am also aware of comparisons being made between the case of this individual and other cases involving foreign nationals. I assure the Deputy that I have on numerous occasions discussed the case with Ms Mogherini, as recently as last week. I can confirm to the House that I have been in contact with Members of the European Parliament.
I wish to refute an inaccurate suggestion that when foreign nationals were released it was solely on the basis of calls by foreign ministerial offices, foreign Prime Ministers or foreign Ministers. I assure the House and wish to make it quite clear that it is the Egyptian authorities alone who will decide on the matter of the release of our citizen. Notwithstanding that, I assure Deputy Crowe that I am consistently involved in seeking avenues that I believe are appropriate to secure the release of this citizen.
171. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade if he will report on any developments in the detention and trial of a person (details supplied) in Egypt; if he will report on consular assistance provided to that person and the person's family; and if he will make a statement on the matter. [15326/15]
I, too, want to raise the case of Ibrahim Halawa, an Irish citizen who is a prisoner of conscience according to Amnesty International. The case is extremely urgent, as the next hearing will be in five days. It is obviously accurate that the decision on whether to release Ibrahim will be made by the Egyptian authorities, but what is problematic is the idea that Egyptian law applies. There is no rule of law, in reality, in Egypt, and there is no justice available to Ibrahim. Does the Minister agree that the maximum pressure has to be applied, including directly by the Taoiseach, on the Egyptian authorities?
I assure Deputy Murphy that my objectives in the case are appropriate and clear. They are to see the release of the individual by the authorities in Cairo so he can return home to resume his studies in Dublin and be with his family, and to provide support for his welfare while he remains detained. The approach I continue to take on an almost daily basis is in furtherance of these objectives.
It is important to note again, and forgive me if I repeat it, with regard to the role of the Irish Government where citizens are detained abroad, irrespective of any views regarding the fairness of the trial or the circumstances, political or otherwise, in the jurisdiction where the person might be detained, the reality is that where an Irish citizen is charged with an offence or offences under the law of a foreign country, it is the foreign law that is applicable and it is the relevant foreign court which decides on these matters and all matters such as bail, evidence and continued detention or release. Notwithstanding this, there are circumstances associated with this case which warrant a return home of the individual and I assure the House of my continued interest in this regard. It is a matter solely for the authorities in Cairo.
Deputy Murphy suggested there are a number of days before the trial and this is correct. The return date is towards the end of this week. In line with our clear objectives in the case, our approach is consistently under review. I am keeping the Taoiseach fully briefed and it may be that at a certain stage it would be beneficial to the citizen for the Taoiseach to become involved. I have not ruled this out as a possibility. The hearing dates, return dates and the dates on which evidence is tendered are entirely, solely and exclusively a matter for the courts in Egypt.
I urge the Minister and the Government to go with the option of the Taoiseach intervening. In five days time Ibrahim could be sentenced to death. Yesterday, 22 people were sentenced to death for participation in a protest. There is no chance of him receiving justice in what is a mass trial. The Minister recognised the reality that the Egyptian authorities will decide, but the nature of these authorities is that there is a counter-revolutionary dictatorship in Egypt which is drowning revolution in blood. This is what is happening through an act of mass trials and execution. An Irish citizen is caught up in this. None of the other peaceful protesters should be caught up in it either. The Government must do everything it can, and surely this includes the Taoiseach intervening. I do not see how the Taoiseach intervening could have a negative impact on Ibrahim's prospects.
The next hearing is scheduled for 26 April, which is later this week. It would be most unhelpful for me or anybody else to speculate as to what might happen on that occasion. I assure the House and Deputy Murphy that Irish embassy officials will be in attendance as they have been at every hearing of this trial to monitor, experience and report on developments of the day. There is a specific application before the courts for the release of the individual on bail. This is being considered by the judge. Inappropriate escalation of political intervention, however well-intentioned it might be, could be counter-productive to our objective in the case and could be counter-productive to the best interests and welfare of the citizen involved. We are keeping matters under review and I am happy to keep the Deputy fully informed of developments.
I welcome the fact that people from the embassy will be in attendance and monitoring and I accepted the intentions of the Government are not to harm Ibrahim in any way, but at this stage what is needed is the highest possible level of political intervention. Of course there are differences in other cases, but was high level political intervention a factor in the case of the Australian citizen, Peter Greste, and the Canadian citizen, Mohammed Fahmy?
In the last couple of days the family did not know what prison he was in, as mentioned by Deputy Crowe. They went to another prison and he was not there, but when they went back to the first prison they found he had been moved. According to his family, he showed signs of physical abuse. We need the maximum possible intervention to pressurise the authorities.
I again express concern at the inaccurate reporting the circumstances of the individual. There were allegations of torture, which were taken seriously and investigated by my Department and me. There was a suggestion in the form of a report that he was missing in prison. That did not transpire to be the case. While the individual remains in detention, a key objective for me is that we do what we can to protect his welfare and well-being and ensure prison conditions for him are as good as can be under the circumstances. Following an intervention by the ambassador, the individual involved is no longer sharing a cell with convicted criminals and is now accommodated with other remand detainees. This is not a negative development. He is in a different area of the prison from most of his co-accused. In addition to regular consular visits, our embassy in Cairo is in ongoing contact with the prison authorities and the relevant ministries to ensure the citizen's conditions are as good as possible. We will continue to raise any issues through all appropriate channels.
172. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he will provide an update on the implementation of the Stormont House Agreement; and if he will make a statement on the matter. [15329/15]
The Fianna Fáil Party warmly welcomed the Stormont House Agreement towards the end of last December. It is an important mechanism to advance a number of outstanding issues, including identity, the need for welfare reform to meet the needs of the less well-off, and making Government finance in Northern Ireland more sustainable. Many of the issues are ones we do not have the luxury of allowing to fester. Can the Minister provide an update on the progress made in the four months since signing of the agreement in advancing these issues?
The effective and expeditious implementation of the Stormont House Agreement remains a priority of the Government. In accordance with the review and monitoring provisions of the agreement, the second quarterly review meeting, involving the Northern Ireland Executive party leaders and the British and Irish Governments, took place in Belfast on 27 March, where I represented the Government. We reviewed progress made to date on the detailed implementation timeline which was agreed by the Northern Ireland Executive party leaders and the two Governments at our first review meeting on 30 January last.
I am pleased to report that significant progress is being made in many of the areas specified in the implementation timeline, including complex work on the establishment of the institutions for dealing with the past. However, I am disappointed that difficulties have recently arisen with regard to the welfare element of the Stormont House Agreement. It is important to ensure that these developments do not have a corrosive impact on the wider implementation of the agreement. That is why the Government has encouraged all parties to stand back and consider the overall potential benefit for the people of Northern Ireland offered by the Stormont House Agreement and to ensure that its potential is fully achieved.
The next review meeting of the agreement is scheduled to take place in June. A six-monthly update on progress on the implementation of the agreement is due to be published at that time in accordance with the review and monitoring provisions of the agreement. The Government remains committed to playing its part in ensuring the full implementation of the Stormont House Agreement within the timeframe agreed.
I thank the Minister for his response. Is it assumed that no progress will be made on these issues due to the fact that the Westminster elections are taking place on 7 May? Has the Minister asked the Sinn Féin Party why it decided to backtrack on the initial agreement about welfare reform to which it signed up on 23 December? With regard to the devolution of responsibility for parades to the Assembly, has devolution taken place or is it intended to take place in 2015? The parade season will be upon us.
Notwithstanding the current election campaign in the UK, certain aspects of the agreement are still being progressed. I point specifically to the areas of agreement involving the preparation of legislation, north and south of the Border and in Westminster. I assure the House in particular that legislation incumbent on the Irish Department of Justice and Equality is progressing and I am in constant contact with my colleague, the Minister for Justice and Equality, Deputy Frances Fitzgerald.
I reiterate my disappointment that difficulties have arisen around the welfare element of the Stormont House Agreement. Deputy Smith makes particular reference to one of the parties involved, namely, Sinn Féin. I have discussed this issue with Sinn Féin. I have strongly expressed the view that the implementation of all the provisions of the agreement are important, and I will continue to do so. I regret that difficulties have arisen in this area.
I want to refer again to the establishment of the historical investigations unit. By definition, it will deal with issues that are decades old. Many of the families affected by murders that were never properly investigated are getting to an age at which they are concerned that they will never see a thorough investigation into the murders of, and in many cases the injuries inflicted on, family members. I welcome the Minister's statement that legislation is being advanced. I appeal to him to make sure that both the Department of Justice and Equality and his own Department ensure that a number of cases that have been referred to the Police Ombudsman for Northern Ireland are forwarded to the historical investigations unit when it is established and its work is under way. There are a number of cases in my constituency and elsewhere where there is evidence that the atrocities emanated from north of the Border and there have never been full investigations. This is the last chance to get some investigation, which is so much needed by those families.
The Deputy will be aware that the Irish Government was not a party to the negotiations on aspects of the agreement relating to devolution and budgetary and financial issues. Ongoing discussions on these matters take place primarily between the Northern Ireland Executive party leaders themselves, but on numerous occasions I have called on the parties in Northern Ireland, especially Sinn Féin and the Democratic Unionist Party, to work together to find a solution to the current difficulties on welfare and budgetary issues.
I acknowledge Deputy Smith's interest in the historical investigations unit over many years. I assure him that progress is proceeding on the matter of the new independent body, which will have full policing powers. This will take forward investigations into Northern Ireland on matters relating to outstanding deaths from the Troubles, including outstanding cases from the PSNI's historical inquiries team and the legacy work of the Police Ombudsman for Northern Ireland. Regarding the specific atrocity referred to by the Deputy, it is my clear understanding that all outstanding cases before the Office of the Police Ombudsman for Northern Ireland will be transferred to the historical investigations unit.
Time is getting very scarce.
173. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade his views on the alleged human rights abuse of African-Americans in the United States of America by police authorities; if he raised the matter with the ambassador of the United States of America to Ireland; if the embassy has raised this matter with the authorities in the United States of America; and if he will make a statement on the matter. [15327/15]
What is the Minister's view of the human rights abuses of African-Americans in the US, in particular, a number of killings of African-Americans, including the killings of Michael Brown, Eric Garner, Freddie Gray and others by police authorities, and the killings of Trayvon Martin, Jordan Davis and others? Those killings have given rise to the Black Lives Matter movement in the US and they point to a systemic racism in the US state and police force. Has the Minister raised this issue, or will he raise it, with his US counterparts?
I am aware of recent reports of alleged police-led human rights abuses against African Americans in the US and the extensive public concern created by those allegations. These concerns, and the need to address them, have been acknowledged by the US authorities at the highest level. President Obama stated in an address to the US people in November, following the decision of the grand jury in the Michael Brown case:
The fact is, in too many parts of this country, a deep distrust exists between law enforcement and communities of colour. Some of this is the result of the legacy of racial discrimination in this country. ... The good news is we know there are things we can do to help. And I’ve instructed Attorney General Holder to work with cities across the country to help build better relations between communities and law enforcement.
The US authorities at the federal, state and municipal level, and a range of widely respected US human rights and law reform NGOs, are seized of these cases and the broader issues they raise, and there is extensive and detailed reporting of these controversies in the media. As I mentioned, President Obama and the Attorney General, Eric Holder, have taken initiatives to address some of the broader societal issues, as well as to address the specific recent cases. In the most recent case in South Carolina, the police officer involved has been charged with murder. The US has a robust democracy and a respected legal system, and I expect it will continue to deal with such cases in an open and transparent way.
I am very conscious that people in all parts of the world continue to suffer discrimination on the grounds of race, colour, descent, nationality or ethnic origin. Ireland is firmly committed to the principle of non-discrimination and is a party to the UN Convention on the Elimination of all Forms of Racial Discrimination. I therefore fully support President Obama and his Administration's efforts to address the concerns raised by these recent incidents and to build improved relations and trust between US law enforcement and all communities around the US.
I will also quote President Obama, who said "What happened in Ferguson may not be unique, but it's no longer endemic or sanctioned by law and custom". It is endemic. A report by the US Department of Justice found a pattern of civil rights violations by the Ferguson police department and points to shocking statistics. Some 90% of people who received a citation in Ferguson were African American, and 95% of manner of walking along roadway charges and 94% of failure to comply charges were followed against African Americans. This points to racist practices by the police and a blind eye being turned to those by city officials. However, they are not unique to Ferguson. There are hundreds of Fergusons across the country. In the seven years up to 2012, an African American has been killed by a white police officer approximately twice per week. Black people are three times more likely than white people to be killed when they encounter police.
I refer again to President Obama's strong response on behalf of the American people following the grand jury's decision in the Brown case, from which I have already quoted. I commend to the Deputy and the House President Obama's inspiring speech on the 50th anniversary of the civil rights march from Selma to Montgomery. It is a comprehensive statement on race relations in the US in terms of progress made there during the past 50 years and an honest and frank assessment of the journey still to be completed, including reform of the US criminal justice system regarding its treatment of African Americans.
There is systematic racism in the US, and this is reflected in the actions of the police, which are seen in the statistics in black and white. I also raise the treatment of Mumia Abu-Jamal, a celebrated prisoner and former Black Panther who was the victim of a racist frame-up, has been on death row since 1982 and, in recent weeks, has faced potential execution through medical neglect.
I am aware of the Abu-Jamal case to which the Deputy refers. Indeed, as a signatory to the International Covenant on Economic, Social and Cultural Rights, ICESCR, Ireland supports the right of all people to the enjoyment of the highest attainable standard of physical and mental health, as enshrined in Article 12 of the covenant. I note that the United States has signed but not ratified the ICESCR and therefore is not a party to it.
