Seanad Éireann debate -
Tuesday, 3 Mar 2015

Vol. 238 No. 7

Commencement Matters

Irish Prison Service

Senator John Whelan

I thank the Cathaoirleach for selecting this matter which is of great urgency. I am particularly heartened to see the Minister for Justice and Equality here. She has a reputation for being considerate, caring, courteous and credible and I appeal to these attributes. I ask her to intervene personally, as the Minister responsible, in a festering dispute between the Irish Prison Service and the Prison Officers Association, POA. Prison officers believe they are being backed into a corner and have no option but to take a stand and ballot for industrial action. I agree with them. They have given everything possible. They have made savings of €21 million, under the Croke Park agreement, which the Minister’s predecessor and the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, can verify. Under the Haddington Road agreement they have made further verifiable savings of €11.5 million. They are not afraid of reform or change.

It is now, however, hard to distinguish in the prison system between who is serving the community, serving the country and serving time. Prison officers believe their health, safety and well-being are being put at risk by attempts to unilaterally introduce new work practices and changes without proper recourse to negotiation and reasonable, meaningful consultation with their representative body, the POA. There is a belief, which is not posturing, among the prison officers on the ground that there is an attempt by elements within the Irish Prison Service to sideline and marginalise the POA in order that it has no function or role in proper, adequate and reasonable negotiation for any change. That is not acceptable.

Will the Minister call off the attack dogs within the Irish Prison Service who are putting prison officers’ health and safety at risk by their attitude to what would normally be addressed through meaningful consultation and negotiation? There are security staff on the Luas wearing stab vests and equipment. At Heuston Station, a peaceful concourse, there are security staff with better equipment and stab vests than the prison officers have when dealing with serious criminals who are becoming increasingly violent and vicious. This is not acceptable but the industrial action which is looming in prisons will be dangerous. The country does not need this. It is not a question of stab vests but of prison officers believing, not without foundation, that they are being stabbed in the back by elements within their own management who are putting their safety, well-being and welfare at risk, perhaps to further their own careers within the Department and the Irish Prison Service.

This issue can be defused and solved if the Minister intervenes because all it requires is common sense and fair play to acknowledge and accept that the prison officers are involved daily in a very attritional, dangerous, difficult and challenging working environment. They do not need to be backed into a corner and for their job and stress to be added to by their own management which has a duty of care and responsibility to ensure their health, safety and welfare seems to be at odds with this and drawing the POA into confrontation. The POA has no choice in this instance but to ballot for strike action. I strongly urge the Minister to intervene and defuse the issue.

Minister for Justice and Equality (Deputy Frances Fitzgerald)

I thank the Senator for raising this issue and affording me the opportunity to address the House and outline some details and factual points relating to the issues he mentioned and the staffing of the Irish Prison Service. I acknowledge the work done by everyone in the prison system and many of the reforms that have been carried out in recent times. I pay tribute to everybody who has been involved in that regard.

I refer to staff numbers. The factual position is that prisoner numbers have reduced by 814, or 18%, since February 2011. We have had a 3% reduction in prison staff over the same period. As I said, I accept the point that significant reform has been implemented in the Irish Prison Service. That has served to modernise the service and anyone who visits our prisons can see this. We have also had quite serious capital investment in our prisons, which is ongoing and has led to significant improvements, something which is acknowledged not just nationally, but internationally. The goal has been to modernise the service so that it operates in the most effective and efficient way possible while allowing the service to operate with reduced staffing levels and ensure the safety of all prison service personnel. I will say more on that issue shortly.

I pay tribute to all involved in these important changes. The driving force behind the progress made to date has been the constructive engagement and consultation between management and the Prison Officers Association on all aspects of the reform process under the joint task reviews, as has been agreed under the Croke Park agreement. I have heard what the Senator had to say and want to see the constructive engagement and consultation continue. It would be in the interests of everybody who works in the service and the country, as well as having a properly functioning Irish Prison Service. I have discussed this matter with management and Irish Prison Service management is fully committed to ensuring that staff have a safe and dignified environment in which to work in order to carry out their important duties. They have to take difficult decisions, which I acknowledg. Much of the work is based on critical risk assessment on an ongoing basis by all involved.

A key commitment in the strategic plan of the Irish Prison Service for 2012 to 2014 is the dignity at work programme. It was a major change programme concerned with improving the workplace to the benefit of staff. A number of areas have been addressed under it, including communication, professional development, training, equality and diversity, well-being at work and acceptable behaviour. There have been quite a number of initiatives under the programme, including a well-being at work policy, a framework to promote the well-being of staff; the establishment of local workplace forums; and improving communication and consultation with front-line staff. That is what I want to see happening and what will lead to the best workplace atmosphere for all concerned. I recognise these achievements, but the fact remains that significant savings and reforms, as set out in the Haddington Road agreement, have yet to be achieved to ensure the sector delivers on its commitments. As the Senator knows, there is a whole-of-government approach to the agreement and making sure what was agreed is delivered. How we move forward in respect of the outstanding issues is probably the crux of the matter.

A number of implementation issues have arisen in respect of the Croke Park and Haddington Road agreements in recent months, but I assure the Senator that management has at all times continued to engage with the Prison Officers Association on these issues through the well established mechanisms contained within the agreements which provide the appropriate framework for parties to address and resolve issues of implementation as they arise, including extensive discussions under the chairmanship of the LRC.

I am keeping these matters under review and discussion with the director general of the Irish Prison Service and his management team. I have had contact with the general secretary of the Prison Officers Association in which I reaffirmed the commitment of Irish Prison Service management to continuing to engage with the association. The Senator said the Prison Officers Association was not afraid of reform or change and I welcome that comment. I repeat that management is committed to working with the association. I want to see a continuation of the engagement and consultation which has been taking place.

The Senator used some phrases relating to the management position which are not accurate. I do believe management is interested in fair play and working with the association and I do not want to see further confrontation between prison officers and management. I would like to see both sides engaging and working together constructively to bring about a resolution of the outstanding issues under the Croke Park and Haddington Road agreements.

I thank the Senator for giving me the opportunity to deal with the issues and outline the position from my perspective.

Senator John Whelan

I have every confidence in the Minister and trust her bona fides and perspective in the matter. I urge her to hold a direct meeting with the POA at the earliest opportunity. I accept that I used strong language, but I do not do so lightly. It is informed by ongoing representations I am receiving from prison officers in Portlaoise and across the country. I do not want to be inflammatory but in some cases they are fearing for their lives such is the attritional, dangerous and violent character of the prison regime as it has now become. A reduction in prisoner numbers is not, in itself, the issue. I am heartened to hear that the Minister is committed to ongoing consultation and change by negotiation because the POA does not get that sense from elements within the Irish Prison Service at this juncture. Trust has broken down and needs to be restored.

Deputy Frances Fitzgerald

I urge the Prison Officers Association to continue to work in a collaborative manner and hope the Senator will encourage it to do so in the course of his dealings with it. Some of his language is very strong and is not reflective of the management position. Management is committed to consultation and discussion on the outstanding issues. It is extremely important they continue to work together to deal with the outstanding issues.

On safety, I realise there was an incident recently. The safety and security of staff in the prison service are of paramount concern to me. I have asked for a full report on the incident which I will review to see if there are further actions we can take to make sure we have the appropriate security measures for all staff.

Domestic Violence

Senator Tony Mulcahy

The question is straightforward. It asks what are the proposals to bring forward domestic violence legislation this year. I will speak on behalf of the many thousands of victims and victims-to-be who are looking for a permanent solution.

A number of things have happened in the past number of months. The report of the Joint Committee on Justice, Defence and Equality should be implemented in its entirety. The report of the Garda Inspectorate showed serious deficiencies both in the recording of crimes and the actual reading two hours later.

The DASH system in the North of Ireland records all crimes of sexual or domestic violence. I have recently sent a copy to the Minister and the new Garda Commissioner, Ms Nóirín O'Sullivan. I do not believe using a black notebook, like we used to do in the old days, or putting the details up on the PULSE system is the way to do business in this area. We have a terrible habit in Ireland of trying to reinvent something. I have a cousin who works for the PSNI who has told me it already has this system in the North of Ireland. It is what we need to implement here.

The implementation of the EU victims' directive must happen this year.

There must be ratification this year of the Istanbul Convention on domestic violence, but above all, proper legislation must be put in place. Friends of mine in the Garda pointed me to the 2002 children's welfare Act and the Animal Health and Welfare Act 2013. They have outlined that the animal welfare legislation provides for penalties, including powers of detention, imprisonment and fines. If I give a dog a kick up the backside, I can be detained for seven days with a fine of up to €250,000, but there is little or no provision to protect someone over the age of 18 years, either male or female. We already have the powers in the Acts. I plead with the Minister to ensure we introduce the legislation this year.

Deputy Frances Fitzgerald

I thank the Senator for raising the issue of domestic violence. I am conscious of his interest in this issue and his contribution to the report last October of the Oireachtas Joint Committee on Justice, Defence and Equality on domestic and sexual violence.

The Government is committed to the introduction of consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation in a way that provides protection for victims. In addition, the heads of the sexual offences Bill was published recently. The draft general scheme of the legislation is being finalised in my Department. It is intended to introduce approximately eight new sections to strengthen the legislation. We are consolidating the legislation to date. It is important that we would have one consolidated piece of legislation rather than the various Acts introduced in the past. My intention is that the draft general scheme will be considered by the Government shortly after Easter. Following approval by the Government of the general scheme of the Bill, I will forward it to the Joint Committee on Justice, Defence and Equality for pre-legislative scrutiny. That will give an opportunity for further consultation with stakeholders on the Bill, following on from their inputs into the joint committee's hearings on domestic and sexual violence in February 2014. My aim is that the Bill will be enacted this year.

I contributed to a debate in Dáil Éireann in December last year where I said that "domestic violence does not go away". While domestic violence does not go away completely, I agree with the Senator that we can and must do more to assist those affected by it, and to punish those inflicting the pain and misery associated with it. I believe we have a good structural base with which to work and that we can improve it with the proposed legislation. The Istanbul Convention will also provide for the highest standards to be met in addressing domestic violence. I am pleased to inform the Senator that I have now received a response from every Department on the provisions of the Istanbul Convention, which means that we now have the summary proposals from Departments, which allow us to go ahead and sign the convention in the first place and then to publish an action plan towards ratification. I intend to bring proposals to the Government for approval to sign the convention early this year.

In tackling the difficult issue of domestic violence, legislation can provide a framework for victims and An Garda Síochána, but as the Senator said, it must be complemented by operational policing on the ground. The Garda Commissioner has announced plans to develop a system of risk assessment for victims of domestic violence who come to the attention of An Garda Síochána. That is very important, in particular following on from the Garda Inspectorate report where a number of very serious issues were identified in terms of the investigation of domestic violence and domestic abuse. The Garda Commissioner has announced a series of initiatives on the reorganisation of how child protection and sexual and domestic violence are dealt with by An Garda Síochána. That will also help to deal more effectively with reports of domestic violence and domestic abuse, as well as the decision to allocate two officers in every division with responsibility for victims. That is an extremely good initiative.

There are many cases of members of An Garda Síochána extending themselves above and beyond the call of duty to assist victims of domestic violence. That is acknowledged by all. There has been a sea change within An Garda Síochána on the issue but more remains to be done. That has been acknowledged both as a result of the findings of the Garda Inspectorate report but also the actions taken by the Garda Commissioner, which indicate the seriousness with which the issue is being taken. Incidents of domestic violence are not always straightforward. A risk assessment system, which is tuned to the realities of operational policing, can help An Garda Síochána to better protect victims from more serious revictimisation in the future.

I again thank the Senator for raising the issue.

Senator Tony Mulcahy

I thank the Minister for her comprehensive response. We have to do this this year. The Minister knows it is an issue that is close to my heart. It is not a criticism of the Garda but an observation of its recording system. It is only 70 miles to Newry where the PSNI do it differently. I sent a template for it to the Garda Commissioner and the Minister's office last week. I made the point at the Joint Committee on Justice, Equality and Defence that the scene of the crime is the first place we must record the right information. That is not happening. In terms of the women, children and men who find themselves in this situation, we need to record the information properly and the DASH system used by the PSNI is from where we need to start. The legislation on punishments and so on can come in at the back end, but I hope the template I sent will be put in place in a pilot programme. I have no doubt that the Garda Commissioner takes this matter seriously. I also welcome the changes made last week.

Deputy Frances Fitzgerald

As I said, the Commissioner has reorganised the structure of the force's approach to domestic violence with the appointment of the chief superintendent to oversee the new child protection, domestic violence and human exploitation unit under the auspices of the national support service. The operational points the Senator makes are critical and I have no doubt that given the findings on crime investigation in the Garda Inspectorate's report, the matter will be followed up by An Garda Síochána not just with regard to domestic violence but equally with regard to the investigation of other serious crimes. That is a very real issue for the force to examine.

I will examine the material the Senator sent me on initiatives being taken in other forces and ask An Garda Síochána for a response to it.

Spent Convictions Legislation

Senator Ivana Bacik

I welcome the Minister. I support my colleague, Senator Tony Mulcahy, in his request. I was part of the justice committee he mentioned and present when he made his powerful contribution. I am very glad to hear, as I know that he is, about the good news on the Istanbul Convention, which is a serious issue for non-governmental organisations and so on. Everyone will be very glad to hear it.

The issue I raise is when the problem for people with criminal records will be addressed. This relates to the issue of spent convictions which, as the Minister is aware, is a black spot in terms of the Irish criminal justice system in that this is now the only country in the European Union and one of very few in the Council of Europe area which does not have legislation generally allowing for convictions to be considered spent following a set rehabilitative period, other than the small number of convictions covered by the Children Act 2001.

The Seanad passed the Criminal Justice (Spent Convictions) Bill in 2012, but the legislation is stalled in the Dáil. I understand it has not yet passed beyond Committee Stage.

An Cathaoirleach

It is ordered for Report Stage.

Senator Ivana Bacik

Report Stage has been ordered, but it has not yet commenced that Stage.

I have been approached by quite a number of individuals, as I know other colleagues have, in particular my colleague, Senator John Kelly, who are very much disadvantaged by the failure to enact legislation on this issue because as we know, having a criminal record can present obstacles to employment, education or training, insurance, volunteering and travel abroad.

The Irish Penal Reform Trust, IPRT, has worked for a long time for a scheme such as this one and welcomed the Criminal Justice (Spent Convictions) Bill. I am grateful to it for arranging with me a seminar on the issue of spent convictions on 4 February. Quite a number of colleagues from the Dáil and the Seanad attended that seminar because there is a great deal of concern about this issue. Many of us are being approached by people who are very much affected by it. We heard eloquent and powerful testimony from a director of Unlock, the national association of reform defenders in Britain, and from Irish individuals, including Ms Deirdre Malone, the executive director of the Irish Penal Reform Trust, who spoke about the effect the absence of any such framework for spent convictions has had. We heard, in particular, that once the Bill was recommenced - I hope that will happen very soon - there were two areas we might want to examine again, particularly in the light of recent changes in Britain. The United Kingdom recently raised the upper limit for a sentence that could be considered spent to 48 months, or four years.

That is quite a significant change compared to the 12 months maximum sentence provided for in the Bill. We might want to look at that period to see if we could increase it also.

The other point that was made forcefully to us was that at present the Bill would only allow for convictions to be spent where there are two or less convictions. From my background in criminal justice practice, I am aware that in their early or late teens, many might have picked up three or four public order convictions or minor convictions arising out of one incident but, because there are three or four of those minor convictions, they can never be considered spent under the Bill. Can this be reviewed when the Bill moves to Report Stage?

The most pressing issue is a timeframe in which we can reassure those involved that they are likely to see their convictions considered spent. One young man who approached me recently had been offered a job and, because of a minor conviction that he had picked up in his late teens, he is fearful that he will not be able to take up the job. There are many others in Ireland who are facing similar disadvantages in employment, in travelling abroad, etc., and this legislation is a lifeline for them.

Deputy Frances Fitzgerald

I thank the Senator for raising this issue and giving me an opportunity to update the House on it.

The Criminal Justice (Spent Convictions) Bill 2012 has passed Committee Stage in the Dáil, having passed all Stages in the Seanad. However, before the Bill could be taken on Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the spent convictions Bill. That Court of Appeal case, known as the case of R (on the application of T) v. Chief Constable of Greater Manchester, found that the indiscriminate disclosure of all old, minor criminal records is incompatible with Article 8 of the European Convention on Human Rights.

Pending the amendment of both the spent convictions Bill and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an administrative filter for Garda vetting disclosures has now been introduced. This provides that certain minor offences that are over seven years old are no longer disclosed. I should, therefore, state we now have procedures in place that are more generous provisions than those contained in the spent convictions Bill. This is because the number of motoring offences or public order offences which are not disclosed is not restricted to the two offences currently envisaged in the spent convictions Bill. In accordance with the provisions of this filter, over 80% of District Court convictions now become spent after seven years and are no longer being disclosed in Garda vetting disclosures.

This filter provides the basis for amending the spent convictions Bill, with a few alterations. I am mindful that a Circuit Court conviction which results in a penalty of 12 months imprisonment could become spent under the current provisions of the Bill. I intend to retain a provision in the Bill which will allow one such Circuit Court conviction to become spent after seven years.

The UK case and a related report, known as the Mason report, have recommended that any regime of non-disclosure must be proportionate and "should be both simple and understandable to individuals who are users and/or customers of the disclosure service". I fully agree with that recommendation. However, the spent convictions Bill currently has 24 categories of offences with 24 relevant periods after which that category of conviction is spent. This is an unnecessarily complex and confusing aspect of the Bill. Accordingly, I intend to amend the Bill to mirror the simpler provisions already contained in the administrative filter. I intend to have a common standard for minor convictions becoming spent after seven years. This will provide a clear, easy to understand procedure.

The amendments are being finalised and I intend to bring the amendments to the Bill before the Oireachtas as soon as possible and certainly to have the Bill enacted before the summer. The Office of the Parliamentary Counsel is finalising work on the amendments. I should state however, that the spent convictions Bill does riot apply to visa or job applications in any other state, as we simply cannot legislate in this state for such matters.

Senator Ivana Bacik

I am grateful to the Minister for her comprehensive response.

I was aware of the T case. At the seminar with the Irish Penal Reform Trust, we discussed the case and its implications and we were conscious that the legislation would need to be reviewed in the context of that judgment. All of us appreciate this. It was merely the length of time it had taken.

I am grateful to the Minister for setting out the development of the administrative filter. I am grateful also to her for clarifying that a more simplified process will be put in place because that was one of the criticisms of the Irish Penal Reform Trust, that the proposed metrics in the current version of the Bill in Schedule 2 is particularly complex and a simplified version would assist in providing legal certainty.

I am also glad to hear that the two-offences restriction will be lifted, at least in some cases, thereby enabling people to have their convictions considered spent, even when there are more than two. I am grateful to the Minister for that clarification. I look forward to the Bill coming back to the Seanad in order that we can approve the amendments that went through the Dáil before the summer.

Deputy Frances Fitzgerald

I realise the importance of this legislation and its implications for individuals. As the Senator said, offences which often may have been committed much earlier in a person's life become an impediment to taking up a job. I realise the urgency of this legislation and will be introducing the amendments as soon as they are finalised. I intend to have the Bill enacted before the summer.

Death of Russian Politician

An Cathaoirleach

I welcome the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan.

Senator Paul Bradford

I also welcome the Minister.

I raise the unravelling, as I see it, of democratic life in Russia. I am speaking in the context of the murder at the weekend of the opposition political figurehead, Boris Nemtsov. The murderous killing of Mr. Nemtsov which is being investigated but which will presumably not lead to a conviction is the most recent manifestation of the difficult life of Russia's political opposition. We are reaching a situation where the Russian people are facing a one-party state. It could be said Mr. Putin is on the verge of recreating the Soviet Union without socialism. He appears hell-bent on using his political power and influence to crack down completely on any degree of political opposition in Russia. The knock-on effect is being seen not just on the domestic stage but also on the international one.

How will the Government and the European Union respond to the dangerously political and military interventions which are now being planned and carried out in Georgia, Crimea and Ukraine by Mr. Putin and his associates? Where will it stop? The murder of an opposition politician can be seen in conjunction with the Russian Government's new expansionist policy.

Both the Irish Government and the European Union need to be much stronger and aggressive in their condemnation of the internal political problems in Russia, including the attacks on opposition figureheads. Every EU government has links with Russia, but we should demand that the Russian authorities respect democracy. It certainly is not being respected. Together with his EU colleagues, the Minister will have to be stronger in tackling Russian advances in Georgia, Crimea and Ukraine. The question is what will be next? I do not think the West is acknowledging sufficiently the threat posed by the new Putin policy in Russia. President Obama is not responding with sufficient vigour.

We must learn the lessons of history. If figures such as Vladimir Putin are allowed literally to do as they wish, the question is where will they stop?

Tragically, the lessons of history show where it leads to. He got away with it in Georgia and Crimea and is getting away with it in Ukraine. He is using new political allegiances and oil revenue to become almost a bully on the international stage. The EU sanctions regime is clearly not working. There are significant trade links between Russia and every EU country, including Ireland, and we must reflect on the cost of these links, including the long-term costs, if they allow Russia to become not just a super-power, as of old, but a bullying super-power.

I ask the Minister to be very strong in his condemnation of the murder at the weekend and ensure there is a very strong Irish and EU protest that goes beyond protest and words to actions. We must recognise the threat posed by the current Russian administration - I hope I am not exaggerating - to peace and security in Europe. The long-term plan of the Russian Administration certainly does not seem to be of a very peaceful or neighbourly nature. It seems to be about recreating the old threatening Soviet view of eastern European domination. If the Minister speaks to his colleagues in the Baltic states or Poland, I am sure they will give him a much stronger version of things than I could possibly do. We must recognise that we are dealing with a very threatening political figure. I do not think he speaks for or reflects the average Russian citizen or the people of Russia but he is the person in political and military control of his administration and we need to stand up to him.

Minister for Foreign Affairs and Trade (Deputy Charles Flanagan)

I thank the Senator for raising this important matter. The murder of the prominent Russian opposition leader, Boris Nemtsov, in central Moscow early on Saturday morning was a brutal and cowardly act which was met with widespread shock and disbelief. I have already expressed my sadness at Mr. Nemtsov's death and extended my sympathy to his loved ones. His murder highlighted the vulnerability of opposition figures in Russia where any form of criticism of the government is seen as an act of disloyalty.

Tributes have poured in for Mr. Nemtsov who served his country with distinction in many roles, including as former deputy Russian Prime Minister under President Yeltsin. He was a courageous champion of democratic reforms and a strong advocate for a more open and tolerant Russia. His loss will be deeply felt not just in Russia but around the world. The high esteem in which Mr. Nemtsov was held was evident in the size of the crowd that attended a vigil in his honour on Sunday. Tens of thousands of people across a wide range of political parties and movements turned out to mourn his loss and pay tribute to his legacy as a fearless reformer who was not afraid to speak out against the direction that Russia was taking and the policies being pursued by the current government. Large numbers of mourners also attended his memorial service and funeral earlier today. Ireland was represented at both of these events by our ambassador to Russia.

A spokesperson for President Putin said he had written to Mr. Nemtsov's mother promising that he would personally oversee the investigation into her son's murder. Much speculation surrounds the motives for Mr. Nemtsov's murder. For this reason, it is all the more crucial that the Russian authorities promptly conduct a full and transparent investigation into his killing and that the perpetrators of this callous crime are brought to justice. There should be no culture of impunity in the face of such a crime.

It is also important that the rights to freedom of assembly and expression that Mr. Nemtsov fought so fearlessly to defend are recognised and fully protected. He had been a vocal critic of Russia's actions against Ukraine. In fact, the vigil on Sunday in honour of Mr. Nemtsov replaced an opposition demonstration which he had been instrumental in organising to protest against the state of the economy and Russia's role in the destabilisation of Ukraine.

That destabilisation has included the illegal annexation of Crimea and the city of Sevastopol last March. While Russia has officially denied any involvement in the conflict in eastern Ukraine, there is ample evidence that Moscow has been facilitating the supply of fighters and weapons across the border with Ukraine to the rebels.

The European Union has been at the forefront of international efforts to resolve the conflict in Ukraine and Ireland has participated actively in shaping the Union's approach. We have consistently called on Russia to use its considerable influence on the separatists to end the violence in eastern Ukraine and to support the search for a political resolution to the crisis.

I firmly believe carefully targeted sanctions are an effective means of encouraging Russia to play a more constructive role in reaching a peaceful settlement to the conflict in Ukraine. This is why Ireland supported the European Union's unanimous decisions to introduce economic sanctions against Russia in July and to further strengthen these measures in September. We have always said that the restrictive measures are scalable. They can be strengthened or eased depending on developments on the ground and progress towards the objectives set by the European Union when we put the existing measures in place.

The issue of Russia and Ukraine has been a regular feature of European Union Council meetings and is likely to remain so for the weeks and months ahead, foreign Ministers will return to the matter at their informal meeting in Riga this weekend. Heads of State and Government will also discuss the issue at the next meeting of the European Council on 19 and 20 March in Brussels.

Senator Paul Bradford

I thank the Minister for his reply. Notwithstanding that it would not produce any dramatic outcome, would the Minister consider summoning the Russian ambassador to his office to have face-to-face talks and express very firmly and very vocally on his behalf and on behalf of the Government and the people his condemnation of the killing and his concern at the ongoing situation, particularly in Ukraine? I appreciate there are Heads of State meetings, foreign Ministers meetings, letters, motions, etc. However, we need to show our absolute strength of conviction on this issue. I request that the Minister consider summoning the Russian ambassador to let him know in no uncertain terms of his concerns.

Deputy Charles Flanagan

As I noted, the murder was an appalling act that must be fully and effectively investigated. A failure to find and prosecute the killers would raise serious questions about the criminal justice system in Russia. As I said, a culture if impunity must not be allowed to develop in Russia and cannot be tolerated.

With regard to the situation in Ukraine, I agree with the Senator. The package of measures agreed at Minsk on 12 February and signed by the parties to the conflict offers hope for a peaceful resolution to the conflict in Ukraine which has already claimed 6,000 lives and forced more than 1 million people to flee their homes.

I will be in Riga later this week and, as always, Ireland will actively contribute towards finding a resolution. In this regard, I stress the need to have a non-military solution. All sides must take immediate and concrete steps to honour the commitments they signed up to in Minsk. It is deeds, not words, that will ultimately demonstrate the extent to which the separatists and their Russian backers are genuinely interested in agreeing a peaceful settlement.

The EU sanctions are having an impact. I assure the Senator that the callous and brutal murder of an opposition leader as occurred in Moscow in the early hours of last Saturday is to be utterly condemned. I do not believe any democrat would do other than condemn this in the most forceful terms and let the Russian authorities know that this is intolerable. I thank the Senator for raising the issue.

Sitting suspended at 3.20 p.m. and resumed at 3.35 p.m.