Seán Kyne (Fine Gael) | Oireachtas source

The language and the descriptions used in the report are graphic and upsetting. We rightly acknowledge and commemorate the anniversary of the Holocaust and we read in our history books all that has happened throughout the world in different places. In our own living memory, we know what happened in the Balkans. We can look back on some of the documentaries, including "The Death of Yugoslavia" from the BBC, which is upsetting, very graphic but very insightful in what it says.

I accept this report, which speaks about crimes against humanity, deportation and forceful transfer of population, proved beyond reasonable doubt. The report states the evidence, "leaves the Tribunal satisfied beyond reasonable doubt that the crime against humanity of imprisonment or severe deprivation of civil liberty is proved". It states, "The Tribunal is satisfied beyond reasonable doubt that the crime against humanity of torture is proved". It states, "The Tribunal is satisfied beyond reasonable doubt that the crime against humanity of rape and enforced sterilisation and which may include other forms of sexual violence is proved". It states, "The Tribunal is satisfied beyond reasonable doubt that the crime against humanity of persecution is proved". It states, "The Tribunal is satisfied beyond reasonable doubt that the crime against humanity of enforced disappearance of persons is proved".

There are references to matters that are not proved and this suggests it is a balanced report that was not a carte blancheinstrument for everything brought before the tribunal. The participants have considered the matters and, for example, there is no evidence of mass killing so the crime against humanity of extermination is not proved. There is an absence of proof of the intended crime against humanity of murder and it is not proved. This report is balanced and based on lived experiences and testimony, as reflected by contributions of Members to this House over preceding months.

The role of the Seanad should be to give a voice to concerns and we would be found wanting if we did not do so. It is no fault of the Minister of State that the Cabinet decided not to accept the recommendations and pursue this at United Nations level but I regret that. We celebrated the winning of the seat on the UN Security Council - some more than others - but what are such achievements for if at times we are not able to make a statement of our views and what we think happens in the world? China is not a country that will establish a tribunal to see how the Uyghur population lives. It is not like a tribunal that we might set up on past decisions. We are a democratic country, faults and all, and we set up tribunals from time to time to look at things. Those tribunals report back and nobody doubts the due process and its validity, the independence of the Judiciary or retired members of the Judiciary that make presentations, or the barristers or senior counsel that are appointed. Such a process is not possible in such cases in China. Therefore, the Uyghur population took it upon themselves to carry out a tribunal into happenings - that is probably not a strong enough word - and the barbarity that has been visited on their population.

As I stated, our role should be to support motions. I hoped the Cabinet could give due consideration to this. Did the Cabinet members all read the tribunal report or did they just take the advice from officials from the Department of Foreign Affairs?