Paul Murphy: Demands Irish Observers at Contested Trial

Look, all the evidence suggests that an Irish citizen, Daniel Tatló de Valle, along with four others, is being denied a fair trial by another European state. I mean, I quote from a letter which I think the Minister has from a senior council. It's talking about no audio recording of what is happening is either permitted by the court or provided by the court, there's no official stenographer, the defendants cannot bring their own stenographer and have been refused permission to engage a professional note taker. The interpretations are electronically transmitted to the accused in a way that prevents both the representatives and the court from hearing what is being said. These communications are not merely secret and kept from lawyers during the hearing, they're not recorded so they cannot ever be subsequently checked by anyone. There is no way for prosecution lawyers or defence lawyers or the court or human rights managers or the Irish government to check for translation accuracy. There's no way for the defence to correct mistakes at any time. There's real limitations in terms of the communication of the defendants with their own lawyers. At the very least, will the Irish government send legal observers to the trial tomorrow and on the 22nd of July? The Irish state needs to be represented there to observe what's happening to an Irish citizen. Go raibh maith agat. I suppose in relation to the initial comment, you'll appreciate it's not appropriate for me to comment on the type of legislation or the type of charges that are being taken in another Member State, but obviously we do expect that any other European country that they would follow fair procedures and rules. That is and has to be an absolute given and that's exactly what I've raised directly with my colleague, that there have been concerns raised with us. In terms of the response back, I suppose my colleague and the Minister had said that he would engage and relay concerns that we had or raise the fact that we had raised this particular issue, but I appreciate that the conditions in the prison are strict. You have all prisoners, not just this individual prisoner or those who were arrested with him. They are all confined to their cells for 23 hours a day, but I am told that he has access to a gym, to a prison library, to reading materials, as well as the TV in their room. So again, I appreciate this is not an ideal scenario for anybody, but this is a prison that he is in and the conditions are strict and they do apply to everybody here. We are very clear and I'm very clear that we are keeping a very clear focus on this trial. We've been engaging regularly with the family, but also our consulate teams have been engaging regularly with Daniel to make sure that, and this is the basis where we can engage in consular assistance, that the conditions that he's been kept in, that they are insofar as possible appropriate, but obviously given somebody's in prison, there's going to be, as I said, strict conditions there, but that he has been treated in the most humane and fairest way possible and that engagement will continue. In terms of the legal representation and any issues that may be raised directly about the trial, that is a matter for the legal team to be able to raise and that is what is happening and there is a legal team there that is working to support him, but I am keeping a close eye and I've asked my officials to engage regularly with me on this as the trial proceeds. It is only starting, but we will continue to keep regular contact and engagement with them on it. Fundamentally, I don't accept that the denial of the rights of an Irish citizen to a fair trial is just a matter for his legal team. I just don't accept that. I think it's a concern of the Irish state if there's an Irish citizen being effectively railroaded through a show trial that the Irish state needs to be represented there to have an observer to see what's happening. I know that Richard Boyd Barrett has been organising for a delegation of representatives to go on the 22nd of July. Deputies Farrell and Smith are going, MEP Boylan and Senator Stevenson and hopefully others will join them, but the Irish state itself, you need to be represented there, Minister, in terms of an observation capacity. I just quote you again from the Senior Council, it does not strike me from what I have seen that the trial is in conformity with either EU law or the European Convention on Human Rights. Obviously the government can take a different view, but I do not see how that view can be properly formed other than on the basis of a first-hand observation, since there is no independent record being created of what is happening. We need observers for the Irish state on the next occasions. I have to stress it's not appropriate for me as Minister to suggest or to dictate where somebody should be detained. I appreciate that people have a view as to the prison that he is in, the conditions that he is under. It is the situation for all prisoners in this particular prison, but it's not for me or anybody here to dictate or to decide whether somebody is appropriately placed or otherwise, nor is it appropriate to comment on the type of legislation that they are being charged under. If it is the case that a trial is not being, or there is a sense or a view that it is not being conducted appropriately, then we will respond accordingly. But my officials, I have asked them to engage directly with me, are keeping a very close eye on this. We are engaging directly with Daniel himself, we are engaging directly with his family, and we know that obviously he has direct engagement with his legal team on this matter, and that a trial is due to start soon. So obviously we will monitor this, I will monitor this, and I will engage directly with my officials on this as things progress.