A legal loophole which would allow Ibrahim Halawa to leave his Egyptian jail will not yet be used by the Irish Government, despite his three-year imprisonment.

The Minister for Foreign Affairs Charlie Flanagan has said the Government wants to wait until a verdict has been given in his case before trying to use law 140 to free him.

It is the same law that Australia used to get journalist Peter Greste freed.

Under the law, the President of Egypt can allow a prisoner with dual citizenship to complete the judicial process in his home country.

Ibrahim Halawa is due to stand trial at the end of the month after he was arrested photographing a Muslim Brotherhood protest in Cairo in 2013.

Charlie Flanagan said: “I have reviewed Article 140. I was concerned and disappointed the application for bail made by his lawyers and supported by the Irish Government, was not successful.

“I believe that as soon as a verdict is handed down by the courts, we will have an opportunity of pursuing issues under the Presidential decree.”