Micheál Martin (Cork South Central, Fianna Fail)

On foot of a request by the Haitian authorities, the Swiss Federal Office of Justice decided in February 2009 that funds linked to the former president of Haiti, Jean Claude Duvalier, should be returned to the people of Haiti. The Swiss Federal Criminal Court upheld this decision in August, confirming that the funds in question were of criminal origin. Following a further appeal, the Federal Supreme Court ruled that the funds should not be returned to Haiti. The Federal Supreme Court did not call into question the decision regarding the criminal origins of the assets, but found that the statute of limitations on any crimes committed by the Duvalier family would, according to Swiss law, have expired in 2001.

The Swiss Government responded quickly to the decision of the Federal Supreme Court. As no further appeal was possible under the Swiss legal system, the Government invoked a provision in its constitution which enabled it to issue an emergency decree to block the release of the funds. The Swiss Government has also instructed its Federal Department of Foreign Affairs to finalise the text of draft legislation regarding the confiscation of illegal assets. It aims to present the new draft law to the Swiss Parliament for its consideration as soon as possible and that in the meantime, the funds will remain frozen.

I welcome the swift response of the Swiss Government to block the release of the assets in this case. I also welcome the fact that the drafting of new legislation concerning the confiscation of illegally acquired assets is underway. Given the scale of the challenges facing Haiti in the wake of the recent devastating earthquake, it is a matter of regret that legal constraints currently prevent the speedy transfer of the funds for the benefit of the Haitian people. The Swiss Government fully supports the return of the assets held in the Duvalier accounts to Haiti and I hope that this will be possible in due course.

Switzerland is an important contributor to the international relief effort for Haiti. The Swiss Government is providing over €5 million in humanitarian aid to Haiti. It has also pledged to provide further assistance to Haiti after the emergency relief phase is ended.

The EU has not adopted a formal position on this particular case. The recent ruling by the Federal Supreme Court and the subsequent response of the Swiss Government have not been jointly discussed by member states to date, nor has the EU raised the matter directly with the Swiss Government. However, I am satisfied that concerns at the implications of the Federal Supreme Court's decision will have been allayed by the speed with which the Swiss authorities moved to block the release of the funds. Additional information not provided on the floor of the House.

By its actions, the Swiss Government has clearly demonstrated its commitment to ensuring that this money will be finally returned to the people of Haiti as soon as new domestic legislation empowering it to do so is in place.

The humanitarian needs of the Haitian people are enormous. Ireland's response to the crisis has been swift and effective. We have provided more than €3 million to the relief effort in Haiti through both direct financing and in-kind assistance. In addition, Ireland will make a significant multi-annual pledge at an international conference for the reconstruction of Haiti which will take place in April.

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