Oireachtas Joint and Select Committees

Wednesday, 24 April 2013

Joint Oireachtas Committee on Foreign Affairs and Trade

The Case of Mr. Sergei Magnitsky: Motion (Resumed)

5:10 pm

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

I refute the suggestion that the language in the motion was in some way incommensurate with parliamentary procedure. It was commensurate with it. The motion was circulated to all members of the committee. Some members asked for it to be amended and that was done. I remind Deputy Durkan of a private conversation I had with him. I will not disclose the details of it. I ask him to reflect on that conversation in the context of what he said about the letter from the Russian ambassador.

I am not wedded to the wording of my motion. It strikes me that this is a real test for this committee, as a number of members have said. Human rights issues form part of our remit and responsibility. Despite what Deputy Durkan has said, there is a world of difference between his amendment's call on the Government to "liaise" with and seek "reassurance" from Russia and the specific action that is required. My motion, which notes "the passage [of the] Magnitsky Law" and refers to the European Parliament, etc., calls on the Government:

to impose an Irish Magnitsky Law which would:
- publicly list the names,
- deny visas into Ireland, and
- freeze any assets found in Ireland,
of Russian government officials and others who:
- were responsible for the false arrest, torture and death of Mr. Sergei Magnitsky,
- perpetrated or financially benefited from the crimes ... or
- participated in the cover up.
If we make such a recommendation and the Government acts on it, the barriers and boundaries of the legal framework that would be put in place would have to be met in an evidence-based manner before action could be taken. That is the protection. Innocent people in Russia would not subscribe to this. If others want to look at amending my motion, I will have no difficulty with that. I appeal to all members to come up with something. I would rather do this by means of consensus. If the committee wants to pursue Deputy Durkan's proposal, which I regard as fairly anaemic, I will call a vote on it because, as Deputy Eric Byrne suggested, it would be a betrayal of our responsibility as members of this committee to uphold human rights values.

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