Seán Barrett (Dún Laoghaire, Fine Gael)
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Question 82: To ask the Minister for Foreign Affairs in view of the recent comments by the Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia regarding the failure of Serbia to produce a person (details supplied), his views on whether the Stabilisation and Association Agreement motion should be passed prior to the confirmation of the delivery of the person to the Tribunal [36399/10]

Micheál Martin (Cork South Central, Fianna Fail)
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As the Deputy will be aware, the Stabilisation and Association Agreement with Serbia was signed in April 2008. However, it was decided to defer ratification of the agreement until the Council was satisfied with Serbia's co-operation with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Following a positive assessment by Chief Prosecutor Brammertz regarding Serbia's ongoing co-operation with the tribunal, Ministers decided, by consensus, at the Foreign Affairs Council on 14 June 2010 to submit the agreement to their national parliaments for ratification. At the same time, the Council again underlined that full co-operation with ICTY remains an essential element of the Stabilisation and Association Agreement process.

The Chief Prosecutor also reported to the UN Security Council in June 2010. His report found that Serbia has co-operated satisfactorily with the tribunal in terms of access to documents, archives and witnesses. He particularly welcomed the seizure by Serbia in February 2010 of Ratko Mladic's handwritten war time notebooks. He also encouraged Serbia to increase its operational capacities and adopt a more rigorous and multi-disciplinary approach to the arrest of the remaining two fugitives. The Serbian Government in reply confirmed that the Chief Prosecutor's suggestions and recommendations are being implemented.

Each member state ratifies Stabilisation and Association Agreements according to its own internal procedures. In Ireland's case, this requires the passing of a resolution by Dáil Éireann approving the terms of the agreement. It is proposed to submit a motion to Dáil Éireann in relation to the ratification by Ireland of the Stabilisation and Association Agreement with Serbia in the near future.

The EU's Stabilisation and Association Agreement process provides the framework for co-operation on economic, political and legal matters aimed at bringing the western Balkan countries towards the standards and principles required for EU accession. Co-operation with ICTY is a precondition for those wishing to conclude Stabilisation and Association Agreements with the EU. It is a precondition which the EU has enforced consistently and firmly.

When I met with the Serbian Foreign Minister, Vuk Jeremic, in New York last month he emphasised the importance Serbia attaches to EU integration. During the meeting I asked him about progress on issues relating to ICTY. Minister Jeremic underlined Belgrade's commitment to full co-operation with ICTY, noting that 44 of 46 indictees have been arrested and handed over to the tribunal. He said that Serbia wants to see the remaining two indictees arrested as soon as possible.

It is important, I believe, that we acknowledge the substantial progress Serbia has made in the ten years since protests led to the end of the Miloševic regime. We must continue to assist and encourage Serbia on its path to the EU. At the same time, as with the Stabilisation and Association Agreement process, the EU will insist that Serbia co-operates fully with ICTY in bringing to justice the two indicted war criminals that remain at large. However, as the Deputy will appreciate, we must base our decisions on the official reports by the chief prosecutor, rather than comments reported in the media.

Seán Barrett (Dún Laoghaire, Fine Gael)
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The Minister's information and mine seem to be at variance. On 20 September the chief prosecutor, Serge Brammertz had very harsh things to say about the lack of progress in respect of the arrest of Mr. Mladic and company. Is the Minister aware of the statement of 20 September, which reads, "Political support from the European capitals and from Brussels is of paramount importance in pressing Serbia to arrest Mladic and the only other remaining fugitive, former Croatian-Serb leader Goran Hadzic." He also noted that the tribunal cannot wait indefinitely for Mladic to be arrested as the UN Security Council is pushing the tribunal to complete all its cases and shut its doors. The tribunal is due to close down in three years. He said, "We need arrests now in order to be able to have a trial which represents the magnitude of the crimes committed". Brammertz says Serbian authorities are doing all they can to track down Mladic but he "senses a gap between political pronouncements and the actions he sees on the ground".

I would support the progress being made in Serbia and in many other areas, but this is a point of principle. If we set up an international tribunal to deal with the worst atrocities in the history of Europe since the Second World War and are then seen to walk away from our responsibility of bringing these two monsters to justice, it would be a slight on all of us. A small neutral country like Ireland should show example here.

I ask the Minister not to bring the Stabilisation and Association Agreement motion before the House until I have asked the Joint Committee on European Affairs to have Mr. Brammertz attend the committee and report to it on what he is saying in his reports. This is the last remaining tool to support that international court.

Micheál Martin (Cork South Central, Fianna Fail)
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I am willing to discuss this issue in detail with Deputy Barrett at any time.

Seán Barrett (Dún Laoghaire, Fine Gael)
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We invited the Minister before the Joint Committee on Foreign Affairs.

Micheál Martin (Cork South Central, Fianna Fail)
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I will attend the committee at any time. I did not interrupt the Deputy.

Brendan Howlin (Wexford, Labour)
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I understand the Minister is scheduled to appear before the committee next week. The Serbian ambassador is appearing before it today.

Micheál Martin (Cork South Central, Fianna Fail)
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We need to take a considered approach and, apart altogether from Mr. Brammertz's assessment, the European process for the western Balkans is the most effective way to embed democracy and the standards to which we aspire. The current Government of Serbia is progressive and pro-European Union. If we set the clock back any further, we would put all that at risk for other countries in the western Balkans as well as Serbia.

Seán Barrett (Dún Laoghaire, Fine Gael)
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I do not accept that.

Micheál Martin (Cork South Central, Fianna Fail)
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I make that general political point in the context of my assessment of the importance of moving ahead with the stabilisation and association agreement, which has experienced several setbacks since it was first negotiated in 2005.

I have attended European Council meetings at which Mr. Brammertz made presentations. The last of these was in June, when he made a positive assessment of Serbia's co-operation with the ICTY. He also made a positive assessment at the previous meeting.

Seán Barrett (Dún Laoghaire, Fine Gael)
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This is September.

Micheál Martin (Cork South Central, Fianna Fail)
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I am speaking about the Council. The chief prosecutor is, of course, anxious to maintain pressure but equally he has stated that he presents the matter as he sees it and it is for us as Ministers and Governments to make our decisions.

When I met the Serbian Minister for Foreign Affairs, Mr. Jeremíc, in New York he pointed out that his Government has already done the heavy lifting in regard to the political difficulties of handing over people. It has handed over three former presidents and 44 of the 46 indictees have been arrested. Last March, the Serbian Parliament in Belgrade issued a declaration condemning the Srebenica massacre. The wartime notebooks of Mladic were handed to the ICTY in May. In July, the Serbian and Croatian Presidents staged a joint visit to Bosnia for the Srebenica commemoration. In September, nine former paramilitaries were indicted by the country's war crimes prosecutor for the killing of ethnic Albanians during the Kosovo conflict.

The joint EU-Serbia resolution on Kosovo represented a very important event at the UN General Assembly in September. Concerns initially arose that Serbia would not co-operate with the EU proposal at the UN but considerable pressure was exerted and it ultimately agreed with a resolution brokered by the High Representative, Baroness Catherine Ashton. One has to act in good faith.

Brendan Howlin (Wexford, Labour)
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I ask Deputy Barrett to put a question.

Seán Barrett (Dún Laoghaire, Fine Gael)
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I remind the Minister it is the obligation of this Parliament to pass motions independently of anybody else. We are entitled to express our deep concerns and have every ground to do so.

Brendan Howlin (Wexford, Labour)
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The Deputy should ask a question.

Seán Barrett (Dún Laoghaire, Fine Gael)
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Does the Minister accept that elements in Serbia would prefer Mr. Mladic not to appear before any tribunal and, therefore, we must make certain that the Serbian Government gets our support in ensuring everybody is aware of the consequences of not delivering on its commitment?

Micheál Martin (Cork South Central, Fianna Fail)
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I do not want to see the forces described by Deputy Barrett, which of course exist in Serbia, rising to the ascendancy. That was the political point I referred to earlier. I have clearly formed a view of the matter and I am entitled to put it on the record, just as the Deputy is entitled to set out his own views. I stated from the outset that I have no difficulty with an extended discussion and I anticipate that the chief prosecutor will be making further presentations. Even the Commissioner for Enlargement and European Neighbourhood Policy, Štefan Füle, expressed his opinion that the Serbian Government is sincere.