2026-05-21

5. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade whether she is aware of very serious concerns about the fairness of the prosecution and trial of an Irish citizen (details supplied) in Germany, alongside concerns about the conditions of detention; whether she has raised concerns with the German Government; whether she will send an observer to the trial; and if she will make a statement on the matter. [38665/26]

Today, the world is rightly expressing disgust at the treatment of Irish and other activists trying to bring aid to the besieged people of Gaza at the hands of the Israeli regime. However, Germany, a European country, is treating another Irish citizen, another pro-Palestinian activist, in an equally outrageous way. There is a show trial going on and the basic rights of an Irish citizen are being absolutely flouted as he and the other detainees are being prosecuted as criminals and terrorists for protesting against Germany's complicity with Israel's genocide in Gaza. Will the Government send observers to the trial to protect the rights of an Irish citizen, Daniel Tatlow-Devally?

I thank the Deputy. I am obviously aware of the case he has mentioned. It is important to stress that my Department, and in particular my team, have been providing consular assistance to Daniel since September 2025. We have a dedicated consular office in the consulate general in Munich which has been assigned to provide consular assistance to support Daniel but also his family, because I appreciate this is a difficult time for them. Staff in the consulate, including the consul general but also the deputy consul general, have undertaken four consular visits, the most recent on 10 April, and another visit is to be carried out next month. It is important to stress that the very clear readout I have received on this states Daniel did not raise any complaints about his treatment. He reported that he has been treated relatively well, both physically and mentally, and that he is able to avail of the facilities and activities in the prison. His visiting conditions have been relaxed. He is able to have video calls and in-person visits with family members, and I understand that other visits may be possible as well. It is also important to stress that in the prison Daniel is in, he is the same as any other person. It is a normal or regular pre-trial detention facility. The reports I have directly from our ambassador, who is dealing directly with him and engaging with him and will have a further visit later this month, are that he is being treated well and has access to the facilities he needs. Again, it is the same for any other person in his situation. I assure the Deputy, because I appreciate this is very difficult for Daniel and his family, that my Department will continue to provide all appropriate consular assistance. We have to do this in line with the Vienna Convention on Consular Relations 1963, which specifies the functions of our consular officials. It is obviously subject to limits permitted by international law, so we cannot interfere in the domestic affairs of the receiving state. While consular officials have a role in assisting citizens, including by helping them to find lawyers and visiting them in detention, consular officials cannot give legal advice or intervene in the judicial process or internal affairs in the receiving state. Throughout the trial, when it happens, we will of course continue to engage directly with Daniel and his family and make sure the assistance continues.

I actually cannot believe my ears. Daniel's family are appealing for the Government to send observers because they fear a show trial situation. The detainees are being prosecuted under anti-organised crime legislation. They are being tried in a high-security court, not a normal court. They are being denied access during the trial to their own legal team. They are brought in handcuffed and put behind high-security glass. They have been kept in more or less solitary confinement – since last September in Daniel's case, or eight months. It is completely unprecedented. Daniel's legal team has called for the judge to be recused, such is the level of bias that has been directed against those on trial, the "Ulm five". To remind the Minister, they were protesting. It was an act of civil disobedience but there was no threat of violence. They videoed themselves. They handed themselves up for arrest peacefully because they were protesting about Elbit Systems or Germany providing arms to Israel for the commission of genocide. Their families are saying the trial is a show trial and that they should be released, and that the Irish Government should send observers to watch the trial to ensure that their rights are upheld at it, given the manner in which it is being conducted. Is the Minister going to do that?

First, it is essential that any Irish citizen who finds himself in this situation be provided immediately with consular assistance, and that has been the case. I have said very clearly that our consular team on the ground cannot provide legal assistance. That is not the position it has. However, it is our role-----

I did not ask for legal assistance; observers are what I asked for.

Absolutely. It is our role and duty to make sure the detainees are treated in the appropriate way. Daniel is in a pre-trial facility. He is being treated the same as others. I appreciate how difficult this is. The most important thing is that the facts of the trial are borne out. The Deputy has outlined some of what has happened. It is for the trial judge and the system itself to make sure all the facts are borne out. While the Deputy might not agree with the particular legislation under which Daniel has been charged, it is for the trial to ensure the facts of what happened are borne out and for a decision to be taken in that regard. We will ensure that there is fair oversight of this trial. I can assure the Deputy of that. I will be meeting my German colleague this week and I will reiterate that point when I meet him. We will ensure that we continue to have direct engagement and provide consular support to Daniel. We will make sure the trial, which I hope happens soon because I agree this should not be drawn out any further, is subject to direct oversight and that we have full sight of what is happening in it.

This points to the duplicity of the Government. It says it is appalled at the treatment of flotilla activists at the hands of the Israeli regime. The flotilla activists, before they were detained, or kidnapped, urged for a vote in favour of the sanctions Bill to sanction Israel but the Government condemned it, said there should not be business as usual and came in here and voted against sanctions. We are getting the same duplicity in the case of Daniel. Will the Minister send observers to the trial, which is what the family are asking for, because it is a show trial? It is absolutely outrageous. Why are the detainees even in custody? They are not a threat to anybody. They are being kept in solitary confinement before their trial in a high-security courthouse behind a glass cage, having been brought in handcuffs. The judge is speaking about them as if they are terrorists when they are actually peace activists opposing German complicity with the genocide in Israel via Elbit Systems, which provides Israel with weapons. Is the Minister going to send observers? I am going to try to get an all-party group to go across to the trial. We will see whether all the parties will send someone. I know the Opposition will, but will the Government do so? Even German MPs are being refused access to the courtroom by the judge. That is how much of a show trial it is.

I cannot be any clearer in what I am saying here. It is our role and responsibility to make sure that citizens, when they have been arrested and detained, have access to consular assistance. I am saying very clearly to the Deputy that this has been happening. There has been direct engagement with Daniel with a view to making sure he is in good health and is being treated well. That is exactly what he has conveyed and relayed.

This is the duplicity of the Government.

He is in a pre-trial detention facility. I fully agree with the Deputy that this should not go on indefinitely. However, as the Deputy and every other Deputy in this House well knows, it is not for me to determine when a trial in another country should take place. What I have said to the Deputy is that I will raise this directly with my German colleague when I meet him on Friday, but I cannot, nor can any Deputy here, intervene in respect of when a trial is set and how its outcome is presided over. What I can be clear on, however, is that we will make sure we have sight of what is happening in the trial and that we are in direct communication with Daniel and ensuring his welfare at every stage.