Jim Walsh (Fianna Fail)
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Yes, please. I thank Deputy Eric Byrne and Deputy Maureen O'Sullivan for their conscientious work in trying to draft something which would be achievable and practical, as Deputy Byrne said. I acknowledge they have done a reasonably good job. I was not wedded to my original motion, even though I would have liked to see it being passed. I will concentrate on the new motion that has been tabled. I note the change to the motion which will ensure consensus and to which Senator Norris referred. I have two suggestions in advance of that change. I like the way the preamble is drafted. In particular, I acknowledge that the Tánaiste's comments at last week's meeting were very good. Deputy Byrne has drawn on those comments. He has also kindly shown us the documents from which he has drawn some of that preamble. I refer to the comments by the Tánaiste, who said that the decision last month by the investigative committee of the Russian Federation to close the criminal investigation into Mr. Magnitsky's death was highly regrettable. He said that he shares the strongly-worded concerns which were expressed by Catherine Ashton on the issue. He calls on the Russian authorities to reopen the investigation. I ask if we could include this comment as being noted. I refer to the last paragraph of the motion. We ask the Presidency to reiterate its resolve to ensure a full and final report into the circumstances of the case. The case was closed on 29 March 2013. We might need to add some nuances to that, because it is not completely accurate. We propose to ensure that those found responsible be held to account in accordance with international law. I ask for clarification on this point. We know that those responsible have been exonerated in the Russian courts. I do not know if they can be retried. I suggest this as part of a tidying-up process. The change I seek is the one to which Senator Norris referred - that we use the Presidency of the Council of the European Union to support the European Parliament recommendations. We are calling upon the Tánaiste to do that. I have talked to Deputy Byrne about an alternative. He thinks that may not happen anyway. The minimum we should do - if we are not calling on the Government to do it - would be to include the words "that the Joint Committee on Foreign Affairs and Trade notes ... and supports the European Parliament." Either we support the European Parliament or we call on the Presidency of the Council to do so, which would be preferable, in my view.

I do not wish to force a division on this motion. I am also conscious of the communications we have received from concerned individuals who are adopting children from Russia. They are to be commended. None of us wishes to put those adoptions in jeopardy. I have explained that the committee can only make recommendations which do not carry any legal clout unless the Government adopts the motion. In that case, the Government would examine all the implications. In general, the efforts of Deputy O'Sullivan and Deputy Byrne have been very honest and genuine. If my slight reservation is accommodated, I will be happy to support the motion.