Taoiseach Micheál Martin will raise the case of two Irish citizens being issued with deportations orders to leave Germany with the authorities in Berlin, he told the Dáil.
Bert Murray (31) and Shane O’Brien (29) were issued with deportation orders last month and ordered to leave Germany by April 21st after facing charges relating to alleged actions linked to pro-Palestinian protests over the Gaza war.
They deny the allegations made against them and their lawyers are attempting to obtain an injunction to pause their deportation.
Asked about their case, Mr Martin told the Dáil that it raised “a fundamental concern in terms of their freedom of movement”.
He told Sinn Féin TD Mairéad Farrell, who raised the matter, that he understood the Irish Embassy in Berlin has raised the matter with the German foreign ministry and that “we will raise this issue with the German authorities”.
Several Irish MEPs are writing to the European Commission to raise the case of the two Irish citizens living in Germany.
Murray and O’Brien have several charges outstanding against them but have not been brought to court over alleged incidents during their participation in pro-Palestinian demonstrations in Berlin where they live.
One charge against Murray has been dismissed, while O’Brien was acquitted in court on another charge of insulting a police officer.
A spokesman for the European Commission, the union’s executive arm that enforces EU laws, said any restrictions to freedom of movement between EU states had to be “justified and proportionate”.
The commission said it could not comment on the individual case.
“It is for national authorities to maintain law and order and safeguard internal security,” the spokesman said. “When it comes to free movement, this is a fundamental right of EU citizens; [EU] member states may, however, restrict it on the grounds of public policy or public security. Decisions must be justified and proportionate and based on an individual assessment.”
Fianna Fáil MEP Barry Andrews told The Irish Times he intended to raise their case in the European Parliament.
Mr Andrews said he was “shocked by this seemingly disproportionate response” by the German authorities to EU citizens engaging in public protests over Gaza.
“EU member states may deport another EU citizen in exceptional cases if they can prove you represent a sufficiently serious threat affecting one of the fundamental interests of society,” he said.
“I struggle to see how this situation, where citizens were involved in peaceful protest, would constitute such a serious threat.”
Labour MEP Aodhán Ó Ríordáin said he was “outraged” by the deportation orders and raised the issue in the European Parliament on Tuesday night.
“Targeting those who have the courage to stand in solidarity with the Palestinian people is not only a disgrace but a devastating assault on the fundamental right to peaceful protest,” he said.
Labour foreign affairs spokesman Duncan Smith said he made contact with the German authorities “to strongly express our deep concern with their alarming decision”.
Sinn Féin MEP Lynn Boylan said the attempt to deport the two Irish citizens was “a blatant breach” of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
Boylan called the decision “reprehensible” and urged the Irish Government to “stand up for the right to engage in peaceful protest”.
She said the two Irish people “have not been convicted of any crimes and their right to a presumption of innocence is also being violated”.
A spokesperson for the Department of Foreign Affairs said it was aware of the reports and stands ready to provide consular assistance.
