Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I agree with Deputy Byrne. I initially indicated a reluctance to support Senator Walsh's motion on the basis of the need to adopt as diplomatic an attitude as possible to this issue, notwithstanding the issues concerned. I do so on the basis that one can achieve much through the diplomatic process. I am not sure I agree with what has been said about the separation of powers in Russia, although I am not familiar with the Russian constitution in that regard. However, it is not our Constitution or jurisdiction. While the situation that has developed may appear extraordinary to us, and it is, that is a different situation.

The amendment states: '

delete all words after “Foreign Affairs and Trade” and insert -

-noting the tragic and untimely death in undisclosed and mysterious circumstances on 16th November 2009 of Mr Sergei Magnitsky, then aged 37;
-the passage of resultant legislation in other jurisdictions;...

This has been already referenced in the motion proposed by Senator Walsh. It continues:

"-the discussions in the European Parliament, the OSCE and the Council of Europe arising therefrom;
-calls on the Government to –-liaise with the Russian authorities with a view to seeking reassurance in relation to compliance with international human rights legislation;..."

This effectively means that there must be clarification that human rights principles are and have been adhered to and, if not, why not? It continues:

"-ensure that any issues arising are fully investigated and a report provided for perusal by the international community;....."

My reason for inserting that is to illustrate to the Russian authorities that this issue is for discussion internationally, whether or not they or we like it. It has already been discussed in international fora and is a suitable subject for such discussion. We cannot and will not condone human rights abuses of any nature. We need to do everything possible in this regard. The Russian authorities would not like us to in any way abuse the human rights entitlements of a Russian citizen in this jurisdiction.
The amendment continues:

"and
-calls on the Government to use its Presidency of the Council of the European Union to highlight its concern and that of the international community at the issues surrounding Mr. Magnitsky's death and the reiteration of its resolve to ensure a full and final report into the circumstances of the case.’.”.

That encompasses in different language the sentiments expressed by Senator Walsh in a way that is likely to provoke. To a lesser extent, it calls on those to whom it is addressed to make a disclosure in the public arena on what happened. The matter is not going to go away and we are not postponing it. We are not in any way reducing the impact of what is involved or being dismissive. It is important, particularly when dealing with a major power, to adopt a slightly different attitude because it would have the same effect, if not better.