Written answers
Tuesday, 26 June 2007
Department of Foreign Affairs
State Airports
10:00 pm
Richard Bruton (Dublin North Central, Fine Gael)
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Question 376: To ask the Minister for Foreign Affairs his views on whether random checks of flights through Shannon should be put in place in order to validate the claims that the airport is never used for rendition flights; if such checks have been carried out to date; if the views of the Human Rights Commission have been sought on this issue; and if he will make a statement on the matter. [17445/07]
Dermot Ahern (Louth, Fianna Fail)
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The Government are completely opposed to the practice of so-called extraordinary rendition, as were the previous Government. Our concerns in relation to this matter have been made clear to the highest levels of the US Government, including by the Taoiseach to President Bush. The Government received specific assurances from the US authorities, confirmed by Secretary of State Condoleezza Rice, that such prisoners have not been transferred through Irish territory, nor would they be, without our permission.
A number of Garda investigations have confirmed that there is no evidence of any illegal activity related to extraordinary rendition at Irish airports. Where the Gardaí have suspicions about a particular aircraft, they have full powers to board and inspect that aircraft. As I have previously informed the House, the decision to search a particular aircraft, if and when warranted in accordance with law, would be a matter for An Garda Síochána. As the Government have also repeatedly made clear, An Garda Síochána has the powers it needs to investigate all allegations of illegal activity. In addition, there is no legal bar to the search of civilian aircraft of the type allegedly involved where there is a basis for so doing.
I have had detailed exchanges with Dr Maurice Manning, the President of the Irish Human Rights Commission, on all issues related to extraordinary rendition, and I have set out the Government's view that we are fully in compliance with our international obligations. I would also note that in their joint statement on extraordinary rendition of 27 June 2006, Amnesty International, Human Rights Watch, the International Commission of Jurists and the Association for the Prevention of Torture do not call for spot checks, but rather for the inspection of aircraft "where there are grounds for believing... [they are] being used to transport detainees". It has always been the Government's position that in such circumstances, An Garda Síochána should exercise their powers of entry and search of an aircraft.
On my instructions, Ireland has taken the lead at EU level in raising possible improvements to the regulation of civil aviation, in particular through the amendment of the 1994 Chicago Convention. We are also in ongoing discussion with fellow-members of the International Civil Aviation Organisation in this regard. These discussions are at an early stage, but nonetheless I believe that they may have the potential to be productive. It is clear, however, that for any reforms in this area to be effective, they will require to be implemented at least at the European level.
Leo Varadkar (Dublin West, Fine Gael)
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Question 377: To ask the Minister for Foreign Affairs the way he will establish whether aircraft using Shannon Airport, which are owned or contracted by foreign military or intelligence organisations, are doing so as part of a UN mandated operation in view of the Programme for Government; and if he will make a statement on the matter. [17757/07]
Dermot Ahern (Louth, Fianna Fail)
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The use of Shannon airport by aircraft continuing to transport US troops is wholly in accordance with UN Security Council Resolutions on Afghanistan and Iraq. In relation to Iraq, UN Security Council Resolutions 1511 and 1546 explicitly call on UN member States to assist the multinational force in Iraq. Subsequent Resolutions have annually renewed the mandate of the multinational forces, noting also that they are there at the request of the Government of Iraq. The current mandate under UNSCR 1723 runs up to the end of 2007.
The Programme for Government does not address the above but deals with the quite separate issue of extraordinary rendition and reiterates that the Government are totally opposed to the practice. The Government will ensure that all relevant legal instruments are used so that the practice of extraordinary rendition does not occur in this State in any form, while Ireland will seek EU and international support to address deficiencies in aspects of the regulation of civil aviation under the Chicago Convention. This specific issue is also addressed in my reply of today's date to Deputy Bruton (Ref no. 17445/07).
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