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Seanad Éireann díospóireacht -
Thursday, 10 Dec 2015

Vol. 244 No. 7

Commencement Matters

Teacher Recruitment

Fáilte romhat a Aire. The matter I raise seeks to discuss with the Minister for Education and Skills teacher appointment and retention figures for primary schools and particularly to ask her to revise teacher appointment guidelines in order that a new primary teacher can be appointed immediately after the 30 September pupil numbers are confirmed by the Department, namely in that same year rather than a whole year later.

I will focus on the challenges facing teaching principals around teaching and learning while also managing a school and providing leadership. I am talking about schools with seven or fewer teachers. I will refer to a case study that outlines the challenges facing six teacher schools, in particular. I am thinking of Bawnmore national school in County Galway, an exemplary school which I have visited many times. As a class teacher the principal places emphasis on teaching and learning but also gives leadership in the school. She will have 174 pupils on her books on 1 September 2016. She needs 172 to appoint a seventh teacher and she will exceed the required number by 30 September. However, she cannot appoint that seventh teacher until September 2017, a whole year later. The rules are absolutely archaic. I know of a number of schools in this position and I feel it is time to revise this rule, which is sheer madness and does not in any way support education. Another principal asked why schools would get a teacher a year after they need one.

He said he has the numbers for a whole year and that is the year he needs the teacher. Instead, the rule provides that if a school has the numbers on 30 September, it must wait until the following September to get that teacher.

I propose a way around this. The Department of Education and Skills should do as follows. It should use the model the National Council for Special Education, NCSE, uses when providing resource hours to a school, the online claim system, OLCS, model. This model works really well for resource teachers and the Department should use it for the appointment of teachers in primary schools. It would have the data immediately through the online system and this would enable it to appoint a teacher immediately. I recommend that this system be used for the mainstream setting. The 30 September model has been in place for donkey's years and is out of touch with advances in technology. I believe it is being used as an excuse to not appoint a teacher for a whole year and to save a year's pay. If the Department is serious about advances such as the recent autonomy document which is totally frustrating principals, it needs to get with the programme and respond to the immediate needs of schools. Nothing is more immediate and real than when the numbers are confirmed and the pupils are attending school. They are real bums on seats.

To recap, administrative principals are faced with real challenges and we have approximately 1,300 principals in Ireland in this situation. For all of the schools with seven teachers or fewer that face these challenges, the Minister should very quickly move to provide more administrative days. That is the least that is required if she wants these teachers to be able to manage teaching and learning, to lead and manage their staff, including ancillary staff, and to deal with parents and take important calls. The current situation means that the class pupils of teaching principals will lose out. The leadership role is overwhelming in this type of setting and there is no room for reflective practice and leadership. I look forward to the Minister of State's reply and hope he has good news for me.

I thank the Senator for raising this issue. I am aware she tried to raise the matter last week and I am glad we are able to facilitate her this week.

The criteria used for the allocation of teachers to schools are published annually on the Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing schedule includes the provision whereby schools experiencing rapid increases in enrolment can apply for additional permanent mainstream posts on developing grounds using projected enrolment.

For what date? When can that appointment be made?

When the principals submit the figures for 30 September, if they can show they have projected increased development beyond that, they can-----

They still have to wait for a whole year later.

Please allow the Minister of State to continue.

In addition, the staffing process includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent appeals board. The staffing appeals process was extended in the 2014-15 school year to allow schools that are not gaining an additional teaching post under the developing schools criterion to submit an appeal to the primary staffing appeals board. This appeal criterion is targeted at those schools that make a significant contribution to the provision of school places and so assist the response to demographic growth within their area and as a result are under significant pressure on their class sizes at infants level. An appeals process is also available to small schools in the event that they can show that their projected enrolments are sufficient to allow them to retain their classroom teacher in the longer term. The appeals board operates independently of the Department and its decision is final.

The staffing arrangements for the 2015-16 school year are set out in Circular 0005/2015 which is available on the Department website. The staffing arrangements set out the appointment and retention figures for all primary schools. Separate appointment and retention figures apply to ordinary schools with four teachers or fewer and to schools situated in the Gaeltacht with 11 teachers or fewer.

The Minister announced two new policies in February 2015 to provide some improvement to the staffing levels of some of the smallest schools and to particularly recognise the challenges faced by very small schools that are more than 8 km from the next nearest school of the same type. We have a range of these schools in Cork, Kerry, Galway, Mayo and elsewhere that I have visited and that change has been a major help. These two new policies were improved retention thresholds for the 2nd, 3rd and 4th classroom teacher in a primary school and improved appointment and retention thresholds for isolated one-teacher schools.

The number of pupils enrolled in individual schools is provided in the national school annual census and refers to the number of pupils enrolled as of 30 September in the given academic year. The national school annual census is generally returned by schools to the Department by the end of October. The allocation of all teaching posts is contingent on compliance with redeployment arrangements. The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers to other schools that have vacancies. The redeployment of all surplus permanent teachers is key to the Department's ability to manage within its payroll budget and ceiling on teacher numbers.

A revision to the teacher allocation process to base the staffing of a school on the enrolment of 30 September in the current school year would require teaching appointments to schools to be made on a provisional basis from 1 September, pending confirmation of enrolments on 30 September. Allocating resources based on projected enrolments for the coming school year is not practical and would impact negatively on the teacher allocation and redeployment process and the timeframes in which the process is completed.

The Minister has made provision in budget 2016 for some 2,260 additional teaching posts for primary and post-primary schools next year. At primary level, there will be a one point improvement to the primary staffing schedule to be implemented for the 2016-17 school year. The improved staffing schedule is available on the Department website and the staffing and redeployment arrangements for all schools for the 2016-17 school year will be published early in 2016.

I thank the Senator for giving me the opportunity to outline to the House the position on staffing in primary schools. I will ask departmental officials to look at her suggestions, but she should understand that from the point of view of redeployment, it is difficult to change the system. However, there is a mechanism, where a school can show it is under pressure due to an increased demographic, to allow for an increase during the year.

I accept that there has been some improvement in the appointment and retention figures for small schools. This was welcome given the severe cuts in 2012. However, I need clarification on one issue. In the case of proof of a developing school during the year, how soon can the teacher required be appointed? Can the teacher be appointed during the same school year or must the school wait until the following year?

I disagree with the Minister of State that it is not practical to deal with this because I am not referring to the redeployment issue.

The Department has a duty to refer to redeployment.

My recommendation is that the Department should use the OLCS model to appoint the teacher right away, once the 30 September figures are provided, and certainly before 1 January and not a year later. That is my recommendation. Can the Minister of State respond on the point of developing school status. What proof is required for a school to obtain a teacher on that basis? Furthermore, why are fewer numbers required in the context of Gaeltacht appointment and retention figures? Approximately 20 fewer pupils are required for Gaeltacht schools.

The details are on the Department's website, but I will get them for the Senator. The idea behind the provision for rapidly developing schools is that numbers could change significantly from 30 September and to allow for an appointment to be made the following September.

Is that the following September again?

It is based on enrolment. The Senator says she is not concerned about redeployment, but the Department is and we are concerned with remaining within budget. We have a duty to spend our budget as best we can to get as many teachers as we possibly can in order to reduce class sizes. We must do that in a co-ordinated manner and that is why redeployment is important to us. It might not bother the Senator, but it is a concern for those trying to manage the system. There must be some system.

My issue concerns when the numbers are on the books and are confirmed on 30 September. Why is the required teacher not appointed right away?

Will the Senator, please, resume her seat?

I understand the Senator's point, but we must try to manage our budget and must have some system for that. The Senator wants to change the system to have immediate effect.

The children are there. The Department is just saving a year's pay.

It is not trying to save money.

It is not educationally supportive.

The provision is not there to save on pay. We have increased the number of teachers and have committed to continuing that in the years ahead and are trying to match the demographics. We must have some organised system to facilitate redeployment and other issues. The system is based on 30 September, but there is a provision in respect of where there is rapid development in an area. That is allowed for and the system has worked quite well. I have not come across many cases where schools have felt they were left short. I will certainly raise the Senator's suggestion with the Department. I have watched how the Department operates over the past 18 months and it is constantly looking at new ways to deal with the issues.

That is good to hear, because it is time to change this.

I will just finish.

If something needs to be changed, they are willing to do it. They get it right on this issue most of the time.

Fisheries Protection

I am advised by Mr. Nicholas Grubb of Dromana House, County Waterford, that he has isolated a problem concerning salmon breeding in Irish rivers. Today, I am suggesting an environmentally friendly solution to this problem.

Ten years ago the Irish offshore drift net salmon fishing was ceased as a result of complaints from our European neighbours, which I find rather entertaining given the depredation they cause to Irish fish stocks. There was a period of cessation of approximately four years following which the total allowable catch system was introduced, which is based on the stock strengths of various rivers. One would imagine this would result in a considerable increase in fish stocks and a boost to the tourism industry in the context of angling but the reverse has happened in that catches have disimproved. There are a number of reasons given for this, the official one being that there has been an escalating level of sea losses, with smolt going out to the north eastern Atlantic feeding areas not returning in the numbers expected.

According to the fishery scientists, survival is down to around 5% from a level of 40%, which is fairly disastrous. There are five reasons advanced for this, including: climate-caused ocean temperature changes, which has resulted in the sand eel and krill moving further north, to which the fish have not yet adjusted; the mass harvesting of krill and sand eel to provide commercial sources for cat food, etc.; salmon being inadvertently caught by trawlers fishing for other species; damage to smolt as they exit the river systems caused by a myriad of sea lice lava coming off the sea cages of the fish forms in the west coast inlets; and attacks by flocks of cormorants, the results of which can be disastrous.

Are these really the reasons for the decrease in the survival rate? A major factor could be that we are not sending out sufficient numbers of strong smolt in the first instance. There are a series of social changes that have affected this, including, for example, the development since the 1950s of rural electrification, gas cylinders and Bord na Móna peat briquettes. In the past in rural areas people went out and gathered firewood from the banks of small rivers and streams, thereby leaving the riverbanks, which were considered public domain, clean. This meant that thousands of miles of small tributaries of the main rivers were open to sunlight and became highly productive nursery areas for trout and salmon. However, the vast majority of these small streams are now completely tunnelled over by Alder and other trees.

It is easy to identify the rivers that are ecologically deficient. They are the ones that have no ranunculus growing alongside. Ranunculus is a long green stringy weed which, if one pulls it up out of the river, will be teeming with life. Dr. Martin O'Grady, who carried out academic work in this area, reported in 1993 that this over shadowing of streams reduces their breeding potential by 70%. That is what he reported over 20 years ago. The situation has worsened since and has been exacerbated by ill-thought-out REP schemes and so on. This reputable academic survey concludes that tunnelling reduces breeding potential by 70%. The result of this is the phenomenon of main channel spawning whereby fish are being driven out of the small tributaries and forced to breed and spawn in the main channels. Spawning in the main channels leads to over-competition, excess predation and smaller, weaker smolt being produced, which are easy targets for sea lice infestation. This may also explain why in many Irish rivers the vast bulk of the returning fish are now entering the rivers of origin later in the season.

I now come to the solution. There have been a number of pilot projects involving manual rehabilitation of degraded stretches of dendrite but only a certain amount could be done by hand. However, enough has been done to demonstrate a massive increase in productivity of the stretches concerned. Work on the Kilmanaghan River near Clonmel is a case in point. The reality is that such rivers probably each have 1,000 km of good nursery streams such that a 0.1% improvement will not impact hugely on the situation. The situation involving the farmers, in terms of their being under the umbrella of REPS and AEOS, and as such required to fence off rivers and streams, makes the problem worse. While this is being done with the best of intentions it is having a harmful effect.

We must also examine whether a few cattle watering gashes are silting up the spawning beds in the first instance. Fifty years ago there were many more such watering places before the advent of the black polythene waterpipe and concerns about TB. Is it not far more likely that the cause is the shading out of light upstream, such that there is no riverweed ranunculus to bind the silts in place? Another issue is that of the lampreys, which stir up the spawning areas and make them appropriate for the fish. We are now told that they cannot get over the weirs. Fifty years ago they got over far higher weirs.

What about Coillte, private forestry owners and Bord na Móna in all of this? In the old days, the big rivers, a large proportion of the sources of which are in the midlands bogs, were drained and worked but no provision was made for the excess water. The bogs acted as sponges and provided a far more productive environment for salmonid young. The solution is simple. Each of the bog areas should be filled with a limited number of v-notch weirs. This would also alleviate flooding, which is a topical issue these days. The introduction of the European beaver in Scotland and Wales has been very successful. It would have a significant impact here. Also, special areas of conservation should be under the control of one agency. Under the current arrangement nothing can be done because each Department has regulations which block the other and they apparently take pleasure in doing so. It is a game to them.

I must ask the Senator to conclude as he is way over time.

It is impossible to work on a riverbank from March to September and from September to March. A grand plan for opening out the dendrites is required. This does not mean 5 km or 10 km per major river. A good start would be to apply the law to Coillte, followed by a reseeding of the dendrites using Whitlock Vibert boxes. All of this could be done in conjunction with the Department of Education and Skills and become part of the junior certificate science curriculum. This involves capturing ripe fish in the autumn, stripping them and placing their fertilised ovum in specially designed boxes buried in the gravel. Those fish that return to spawn will seek out the very tributaries they were born in and the cycle will become self perpetuating. Doing this will not affect hatcheries. It is an environmentally friendly system.

I thank the Cathaoirleach for his indulgence.

I thank the Senator for raising this Commencement matter which I am taking on behalf of my colleague, Minister of State, Deputy Joe McHugh, who sends his apologies for not being here, but he is currently touring the islands.

I am sure the Minister of State will advise him of the debate.

I will ensure he receives a transcript of it.

The management of wild salmon in Ireland falls within the remit statutory remit of the Department of Communications, Energy and Natural Resources and its State agency, Inland Fisheries Ireland. Salmon is of great economic importance to Ireland as a commercially caught species but more particularly for recreational and tourism angling. The comprehensive national strategy for angling development is currently out to public consultation. It is intended that this strategy will provide for the development of fisheries and fish habitats for the betterment of recreational angling. Salmon stocks in Ireland and other countries are constantly under threat from numerous different sources both in rivers and in the ocean. Salmon spend half of their lives in fresh water and their growing phase at sea, only returning to the river where they were born to spawn after some 15 to 25 months at sea.

Salmon is listed in Annex 11 of the habitats directive and as such is afforded special protection not only in special areas of conservation, SACs, but also throughout Ireland. As a consequence a huge amount of scientific and management effort is invested by Inland Fisheries Ireland in protecting and conserving the species in Ireland. Ireland's management of wild salmon, carried out by IFI, is considered exemplary in Europe and fisheries managers from many European countries have visited IFI to study Ireland's management regime. Ireland manages its salmon stocks in each of the 143 salmon rivers on an individual basis as each of these rivers contains a genetically individual stock and annual assessment of stock is carried out on each individual river throughout the year.

This assessment process employs a suite of 29 fish counters on rivers nationwide where data on returning salmon are gathered daily and utilised in the management of the resource. In addition, all salmon fishermen and commercial draft-net and snap-net fishermen are obliged to take out salmon licences and must return completed logs of their catches, which are used in an analysis of salmon catch data annually. A large-scale programme of electro-fishing and other scientific assessments also is undertaken. These components contribute to the recognition of Ireland's robust salmon management and scientific assessment system as being world-class. However, despite all the work that is undertaken in the freshwater environment, the key challenge in respect of wild salmon is the failure of fish to survive in adequate numbers in the sea and thereafter return to home rivers. At present, the survival of smolts going to sea returning as grilse and salmon to their natal river to spawn is only 5%, having been as high as 25% only a few decades ago. I acknowledge the Senator raised some concerns regarding this shortage today but I am advised the principal challenges are tied in with much bigger questions, such as changes in ocean currents and temperatures affecting food distributions associated with climate change. There also is significant scientific evidence of major detrimental effects on the survival of wild salmon arising from the impact of sea lice emanating from marine salmon farming.

It is also important to note that after 2006, the mixed-stock commercial salmon fishery in the sea was closed following a decision of the Government. Harvesting of salmon commercially is now only permitted in the estuarine and freshwater portions of rivers that have an estimated surplus above the individual river's established conservation limit or in the case of estuaries, where all contributing rivers are meeting their individual conservation limits.

Scientific assessments of salmon stocks are carried out by the statutorily independent standing scientific committee on salmon, SSCS, comprising scientists from a range of bodies both North and South. The most recent advice of the aforementioned committee has concluded for 2016, that of Ireland's 143 salmon rivers, 55 rivers are estimated to be meeting biologically-based conservation limits, while 27 more rivers in all probability will be open for catch-and-release angling as assessments indicate either relatively high juvenile densities or the stocks are meeting more than 65% of their conservation limit. A comprehensive public consultation process on the management proposals for 2016 in respect of each river concluded yesterday. I am afraid I do not have the results to hand. The fish counters provide the most direct assessment of salmon stocks status in rivers. The number of counters installed and used in the SSCS stock assessments have increased from nine to 29 since 2009. There has been natural fluctuation in the mean salmon count since 2002, with the highest numbers recorded in 2007, coinciding with the closure of offshore drift-net fisheries, to which I already have referred. However, there has been a marked decline in subsequent salmon counts, with 2014 being the lowest in the time series. These counter data are considered as an index for other rivers nationally and are likely to reflect a general national trend. In the past five years, marine survival of salmon is among the lowest recorded since coded tagging of fish commenced in 1980 and probably since the 1970s, based on a longer time series of information available for the Burrishoole salmon census index site.

Changes in oceanic conditions leading to poor recruitment of salmon have been implicated by the North Atlantic Salmon Conservation Organisation, NASCO, following international investigations into the decline of salmon stocks. Recent stock forecasts from the International Council for the Exploration of the Sea, ICES, for stocks in the southern range of the north-east Atlantic, indicate this low stock situation is likely to persist. Given the current levels of poor survival, ICES recommends that priority should be given to conservation objectives rather than catch increases until there is a noticeable improvement in stock abundance. In this regard, the ongoing management policy of adopting the scientific advice to only allow exploitation on stocks above conservation limit is central to aid the recovery of salmon stocks nationally and with this policy in place, any improvement in marine survival would be reflected in greater numbers of rivers achieving conservation limit. This will contribute to meeting the ICES advice and the NASCO requirements of providing for the diversity and abundance of salmon stocks.

I understand the issues raised by the Senator relate specifically to views and observations formed as regards the current situation in the Munster Blackwater where, for the last two years in particular, returns of salmon have decreased. I am advised the suggestion that the current decrease in the wild salmon stocks is significantly as a consequence of overgrowth on river banks and the tunnelling effect on these rivers inhibiting the spawning and development of salmonids does not appear to be supported by the scientific evidence on the ground. I understand the Environmental Protection Agency undertakes an assessment of biological river quality of rivers nationally, including the Munster Blackwater, usually every three years. This assessment is based on the abundance and species composition of insects present at sites both at tributaries and along the main channel of all channels, including the Munster Blackwater. A Q-value of 4 indicates good ecological status, that is, unpolluted and in satisfactory condition. This is derived from a standard survey protocol, which examines the abundance and diversity of the insects and other organisms living in the riverbed. I am advised this constitutes the backbone of the food chain for the juvenile wild salmon and if a figure of 4 is achieved, it indicates, as I stated already, a good ecological status, unpolluted and in satisfactory condition and with a habitat perfectly suitable for wild juvenile salmon production. A total of 26 tributaries of the Munster Blackwater recorded a Q-value of 4 or higher in the most recent assessment of all the sites.

Will the Minister of State repeat what he said? I could not hear it and I am missing the relevant page.

While there is a list of them, rather than going through the entire list, I stated that 26 tributaries of the Munster Blackwater were recorded with a Q-value of 4 or higher in the most recent assessment of the sites. They are all detailed for the Senator in the response. As for the main channel of the Blackwater, all sites were described as satisfactory throughout, with high and good ecological quality.

The Blackwater is an extensive catchment and salmon spawning takes place both in the main channel and in the tributaries. While tunnelling can have an impact on the production of juvenile salmonids in certain circumstances, scientific evidence on the ground is it is unlikely this is having a significant effect on juvenile salmon recruitment in a large salmon river such as the Blackwater. It also is important to note that Inland Fisheries Ireland also undertakes electro-fishing of juvenile salmon in many rivers annually, particularly those that are under pressure in respect of salmon numbers such as, for example, within the Blackwater catchment, the River Bride.

Recent electro-fishing of the Bride revealed an electro-fishing average of 18.3 fry per five-minute fishing period, which is above the threshold of 17.0 that the SSCS determines to be the requisite level for a healthy fish stock to be attaining successfully the target conservation limit for salmon. For the coming year of 2016, the SSCS estimates the Munster Blackwater will have a surplus of 3,714 salmon above the spawning requirement conservation limit of 12,024.

I hope that information is useful to the Senator. It certainly has been an education for me on the issue of salmon fishing in Ireland across 143 rivers. The Senator also raised issues that were specific to the Department in which I have responsibility, the Department of Education and Skills. He will be conscious that the junior certificate reform will allow for local courses to be developed and there will be an opportunity for teachers to use their own imagination to work with students to develop short programmes that are significant to their own areas. Certainly, for those schools along the salmon rivers, there would be an opportunity to do that.

Perhaps the Minister of State might encourage it.

I certainly will and I will investigate this personally as a contribution. I also will feed back the other issues raised by the Senator to the Minister of State, Deputy McHugh, and will ascertain whether I can feed them into the system also.

My final point is the Senator raised the issue of trees and I recall that when I was planting trees at my own house, my good friend, Mr. Bill Dallas, as well as two other guys from Coillte gave me advice on planting trees. However, I did not take their advice and planted quite a few of them because I thought they would grow quite quickly and might help to give a bit of cover and in a similar way, they have taken over. Consequently, I can understand what is happening on the rivers. One should always listen to good advice as one goes along.

I thank the Minister of State. I will make a couple of brief comments. First, as there is a page missing from the script as supplied, I missed out on a certain amount of information.

I will get that for the Senator.

However, I will pick it up from the blacks. Second, I refer to the part of the response which states "While tunnelling can have an impact on the production of juvenile salmonids in certain circumstances, scientific evidence on the ground is it is unlikely this is having a significant effect on juvenile salmon". This is completely contradicted by the learned academic paper produced by Dr. Martin O'Grady in 1993, which demonstrated there was an impact of 70%. There is a conflict of evidence in this regard and that is important. I ask the Minister of State to take back a suggestion to the Minister of State, Deputy Joe McHugh, that he or his officials or both might meet Mr. Nicholas Grubb to exchange opinions and to develop matters further because he is an example of somebody who has lived all his life in this area, who has recorded the changes and who has a scientific understanding and knowledge of the situation. This could be valuable in informing the Department of this particular problem. I ask that were Mr. Grubb to contact the Department, a meeting might be arranged in order that they could exchange views.

I would be happy to suggest that. I am sure the Minister of State, Deputy Joe McHugh, would be happy to organise it because it certainly would make sense. It is about sharing information. I am conscious the Senator cited a document from 1993, whereas the research cited here probably is quite up to date. However, I am sure the two can be combined to make sure the best information is gained.

I thank the Minister of State.

Although the next matter selected is in the name of Senator Marc MacSharry, he does not appear to be in the Chamber.

Human Rights

I welcome the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan.

Mr. Ibrahim Halawa, an Irish citizen, will celebrate his 20th birthday in three days and has spent more than 800 days in pre-trial detention in an Egyptian prison for allegedly taking part in an anti-government protest in Cairo. Not unlike many others concerned for his life, health and well-being, I sent him a birthday card through the Department of Foreign Affairs and Trade and hope the message will be passed to the Irish Embassy in Cairo in order that Ibrahim will know we have not forgotten him and that I keep him in my heart.

Protection of the right to liberty and from arbitrary detention is included in all human rights treaties. It is a rule of customary international law. Detention may be characterised as "arbitrary" on the basis that it continues for an unjustifiably long period or there is a delay in bringing the accused to trial. As the Minister is aware, there have been continual adjournments of Mr. Halawa's trial over the past two and half years and the next date is scheduled for 15 December. That will be the tenth time he has been brought to trial. On the ninth time his trial was adjourned, it was due to a judicial ruling that all 494 defendants must be present for the trial to proceed and a couple were not present due to illness. The arbitrariness of his detention is one of the prime reasons I have requested the Minister to provide an update on Ibrahim Halawa's legal case and to outline the Government's actions since his last trial date of 4 October 2015, which ended in adjournment until 15 December.

I am aware of and deeply respect the personal commitment of the Minister to support the release of Ibrahim and the immense work done by him and his officials in the Department of Foreign Affairs and Trade and the Irish Embassy staff in Cairo. As he knows, I had an extended meeting with the Minister's officials prior to Mr. Halawa's last trial date and I heard first-hand an outline of the Minister's actions, strategies and assessment of diplomatic advice taken from other jurisdictions with citizens in similar circumstances. I now request an update of actions since 4 October and I hope the Minister might also give us an indication of how we are supporting Ibrahim's access to his lawyers prior to 15 December.

My understanding from meetings with the international team is that the precise charges Mr. Halawa faces remain unclear and there is no evidence against Ibrahim set out in the charge sheet. Ibrahim has been living in appalling prison conditions, with a lack of medical treatment, and letters from him describe regular beatings, being stripped naked in front of inmates and guards and being hit with metal chains. There is insufficient access to daylight and exercise. Journalists report that a recent letter stated that he is merely "waiting in a queue for my turn on a death row" and his family claims that he has fainted on four occasions in recent weeks as his condition weakens.

Given the lack of evidence and clarity in the charges, along with the lack of access to lawyers, prolonged detention, cruel treatment and the precedence of mass trials in Egypt, a fair trial appears impossible. It is a time of great urgency, as I know the Minister understands. That is why I hope the Minister's reply will indicate what new actions he has taken or will take to step up the pressure for Mr. Halawa's release. I know the Minister is aware that this is no longer a time for aspiration but it is time to secure his freedom and bring him home.

I thank the Senator for raising this important issue. I assure her and the House that the objectives on the part of the Government in this case are twofold: first, to see the release of Mr. Ibrahim Halawa by the Egyptian authorities in order that he can return to his family and his studies in Dublin; and, second, to provide consular support for his health and welfare while he remains in detention.

Having regard to the fact that the trial is ongoing, the Government must be extremely careful to ensure that its actions, both public and private, are well judged and do not detract from our goal of securing positive progress for Ibrahim Halawa at the earliest possible opportunity. The further adjournment of the trial, as outlined by the Senator, was a disappointment and I have conveyed the Government's ongoing concern about the continued delays to both Egypt's Foreign Minister and the Egyptian ambassador to Ireland, both of whom I contact on a regular basis. Embassy officials are preparing to be at the next hearing of the trial, which is scheduled to take place next week on 15 December.

I assure the Senator that within the Department of Foreign Affairs and Trade, this consular case continues to receive a very high level of priority. I acknowledge the Senator's comments in that regard. In addition to the 48 consular visits conducted thus far, the case has also been raised at the highest level between the Taoiseach and President el-Sisi, most recently last month. I have also raised the issue on several occasions with my Egyptian counterpart, the Foreign Minister, Mr. Sameh Shoukry. I have raised the issue on a regular basis with the Egyptian ambassador to Ireland, Ms Soha Gendi, and with the European Union’s High Representative of the Union for Foreign Affairs and Security Policy and Vice President of the Commission, Ms Federica Mogherini. My colleague, the Minister for Justice and Equality, Deputy Frances Fitzgerald, also recently raised the case with the Minister, Mr. Shoukry, when they met at the migration summit in Valletta, Malta.

While Ibrahim Halawa remains imprisoned, our focus is on Ibrahim's welfare and I am naturally concerned about reports that he may have embarked on a hunger strike. Such a course of action could be damaging to his health and I cannot see how in any way this course of action could contribute to positive progress on the case. I know of the Senator's interest in this case over a long period and I urge her and anyone who has the best interests of this citizen at heart to do everything within their power to dissuade him from this course of action. They should encourage him to engage in all and every nutritional activity.

The Irish Government has formally supported the applications made to the court to secure Ibrahim's release on bail and under Decree 140, which grants a discretionary power of release to the Egyptian President. The bail application, as the Senator is aware, is exclusively a matter for the court's determination. In regard to decree 140, we have been repeatedly advised by the Egyptian authorities that this discretion will only be considered after the trial has concluded. We expect there will be progress in this regard next week, on 15 December. In the meantime, I assure the Senator that we will continue to avail of all appropriate opportunities to respectfully remind the authorities in Egypt of our concern for this citizen's health and welfare.

Our wish and priority will be that he will be able to return to his family in Ireland at the earliest possible opportunity.

I thank the Minister and deeply respect the views he expressed. I appreciate and acknowledge the high priority the Minister and his staff have provided for Ibrahim and his family regarding his case. I acknowledge the objectives the Minister has identified and he has pursued those objectives.

In the Minister's response he outlined that he has pursued these various courses. I am not sure if he feels there is nothing more to do apart from continuing in the way he has identified. This case is so critical I felt it was important at this stage for me to raise publicly that, notwithstanding its status under Egyptian law, his continued detention without trial and his inability to meaningfully challenge that detention constitutes a serious violation of his rights under international law. He has been in detention for an unjustifiably long period of time. There must be other ways, whether that is a fresh application under decree 140 directly from the Government. The Minister and I are aware there is a debate regarding when is the appropriate time to do this when it has been done by other countries in terms of the release of prisoners. I also hope the Minister will support Ibrahim's legal team gaining access to him prior to his trial.

I appreciate the Minister's response but I hope that given the ongoing length of time and the arbitrariness of his detention, there must be other ways the Minister is exploring in order that ultimately Ibrahim can be released and come home.

I wish to clarify a few points. On behalf of the Government, I wish to assure the Senator and this House that we fully support all applications that have been made to the court regarding bail and the Presidential decree 140. Ultimately we do not have a final say in the judgment. I am sure the Senator will agree this is a matter exclusively under the jurisdiction and remit of the courts in Egypt. However, we are not only in regular but constant contact. I accept that there are those who do not agree with the Government's approach. However, I appeal to anyone who has the best interests of our citizen at heart to ensure that their own actions and public statements do not jeopardise his position and progress that has been made to date, irrespective of any views regarding the fairness or appropriateness of any arrest abroad. While we are entitled to expect that international standards are fully complied with, when an Irish citizen is charged with an offence under the law of a foreign country, it is foreign law that is applied. In this case it is Egyptian law which is applied. It is the relevant foreign authorities which decide on matters such as bail and release. Of course I wish to acknowledge what the Senator has said regarding the inordinate length of time for which our citizen has been detained without trial. I acknowledge the contribution of many NGOs which have expressed an interest in this case. However, ultimately the decision to release Ibrahim Halawa will be made by the Egyptian authorities.

My strategy in seeking his release is carefully considered. It is informed by decades of experience in difficult consular cases. It is underpinned by extensive and ongoing consultation with states which have had citizens in similar circumstances. I speak to my international colleagues on a regular basis to see and determine where best practice can be applied. Since October, which was raised by the Senator, I assure the Senator we have renewed our engagements and we continue to seek all and every opportunity to make our position clear. Therefore, the approach taken by the Government represents the best means of achieving the twin goals of protecting his welfare and, more important, securing his release at the earliest opportunity.

I hope the Minister is right.

Sitting suspended at 11.25 a.m. and resumed at 11.35 a.m.
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