Will the Taoiseach respond to the growing public concern at home and internationally about aircraft used by the CIA for the purposes of executive rendition landing at various European airports? Will he specifically address the 50 landings at Shannon Airport of which we are aware? The former President, Mrs. Mary Robinson, has made some public comments on the matter. Amnesty International made a statement on the subject in response to a direct request from the Minister for Foreign Affairs. There is growing concern across Europe about this issue.

The information that is now available to us contradicts the assurances given by the US Secretary Of State, Dr. Condoleezza Rice, who has not denied that the transport of prisoners has taken place but has carefully denied that such aircraft have ferried prisoners for the purposes of torture. Such information does not offer much relief to people familiar with the new US definition of "torture". According to today's The Irish Times, the definition was “narrowed significantly in a justice department memo of August 2002”. The Irish Times cited the memo which argued that torture is only torture when it involves “physical pain ... equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death”. All that Dr. Rice has denied is that such a form of torture has taken place. However, it has been admitted on behalf of the CIA that prisoners might have been transported for the purposes of what is known as “enhanced interrogation”. If I had the opportunity, I would read into the record the definition of what is meant by “enhanced interrogation”.

Can the Taoiseach outline the assurances which have been given to him by the representatives of the US Government? Most of the activity to which I refer is taking place on foot of the Iraq war. When I questioned the Taoiseach about the war at the time, he said he did not know whether Ireland was a member of the coalition of the willing. I do not know whether he has found that out since then. If Ireland is a friendly country to the US, as the Minister for Justice, Equality and Law Reform has said, it is entitled to receive the assurances to which I refer and to remind the US that while it may land its aircraft at Shannon Airport, such aircraft are liable to inspection. The Minister for Foreign Affairs has restricted his comments to assuring us that nothing untoward is going on. Given that the Taoiseach is so close to the Minister, can he interpret for the House what the Minister meant by "untoward", especially in light of what is in the public domain?

I remind the House that a recent resolution passed by the United Nations, which has agreed a number of resolutions, gave a full sanction to the mission that is taking place in Iraq. Such approval has been included in a number of UN resolutions. Deputy Rabbitte is correct in that there have been considerable issues about this matter in a number of European countries and here in recent weeks. This was one of the primary reasons that the Minister for Foreign Affairs some weeks ago sought a meeting with the US Secretary of State, Condoleezza Rice, to raise these issues with her. As the Deputy knows, that meeting took place last week. We in Ireland cannot and will not allow any aircraft engaged in what are called "extraordinary renditions" to land or refuel at any Irish airport. Ireland has not and will not facilitate torture of prisoners by any state. Any use of torture, wherever it occurs, would be wrong and deeply reprehensible. All Government powers would be exercised to preclude the use of any Irish facility where, in the language of the European Court of Human Rights, there are substantial grounds for believing there is a risk of torture of a prisoner.

So far as we are concerned, the only definition of torture recognised is the one found in our law. This is the definition of that term in international law. We have repeatedly raised this matter with the US authorities and we have been repeatedly assured by the US authorities, including the US Secretary of State, Condoleezza Rice, that no prisoners have been or will be transferred through this country in aircraft owned or operated by the United States or its agents. Ireland accepts the repeated assurances given by the representatives of the Government of the United States. The US authorities are aware of the importance we attach to these assurances. We have raised these matters a number of times to the highest of levels.

On her present mission, the Secretary of State, Condoleezza Rice, is dealing with these issues. She is to give extensive press conferences later this evening at which she will deal directly with these issues and some of the questions raised on definitions. Deputy Rabbitte is saying that when questioned yesterday she did not elaborate on her definition. These issues will be raised with her later this evening. She said today in Germany that she will deal with these issues in the public domain.

Obviously if anyone has evidence to demonstrate that prisoners have been wrongly or unlawfully transferred through Irish territory, that evidence should be passed on and we will engage with the Garda Síochána. We are not aware of any such evidence. The matter would then become an issue of law enforcement, albeit with an interstate dimension. Each application to land or refuel in Irish airports from whatever source is assessed on a case-by-case basis. That is the system. All the circumstances are considered before permission is granted to land. Ireland has honoured and continues to honour its obligations in international law and under the European Convention on Human Rights.

We are not talking about military aircraft landing with prior approval, we are talking about ostensibly civilian commercial aircraft. Clearly the Taoiseach is aware that to disguise state aircraft as civilian commercial aircraft is in breach of the Chicago Convention. It is not enough for the Taoiseach to say that anybody with evidence should give it to the Garda at Sixmilebridge. How am I supposed to get evidence? I am asking questions as an Opposition politician in this House. What steps has the Taoiseach taken? Has he just taken the assurances at face value? We got assurances that there were weapons of mass destruction in Iraq. What steps has the Taoiseach taken to establish the truth? Is he saying that for the 50 landings at Shannon about which we now know — no thanks to the Taoiseach and the Minister for Foreign Affairs — the aircraft were empty?

Is the Taoiseach saying that the Government does not propose to exercise its right of inspection and search under the Chicago Convention? Does he not accept the remarks of the former President, Mary Robinson, about the Constitution imposing a responsibility for law enforcement in our jurisdiction? We are not supposed to take assurances on a matter as grave as this one at face value given the recent track record. Offering me the prospect of bringing forward evidence to the Garda locally is ludicrous. The Taoiseach is leader of the Government. While admittedly the Minister for Foreign Affairs does not have a great record in finding out things, in this situation it is the least I would expect.

Deputy Rabbitte should watch his steps.

There might be a few trees in County Clare.

I am aware what the responsibilities are in accordance with the 1944 Chicago Convention on international civil aviation. Aircraft may come into Ireland for refuelling stops without notifying the Department of Transport. No notification of these aircraft can be dealt with. There is the Air Service Authorisation Order 1993. I repeat what I said earlier, it has been made clear that the State must refuse permission to land in circumstances where a prisoner has been transferred other than through the process of being a bona fide extradition or where a prisoner is a sentenced prisoner. The phenomenon of transferring prisoners by way of what is called "extraordinary rendition" does not come within the category of permissible flights that can be given permission to land in the territory of the State.

I agree, but were there prisoners on it?

Any request to land an aircraft engaged in extraordinary rendition must be refused. We raised the matter repeatedly, including at the very highest level, as late as last week with the US Secretary of State, Condoleezza Rice, and she again stated the position. She was well aware that the Minister would raise the matter and had plenty of time to check her facts. She said that this country has not and will not be used for that.

Why did the Government not check the airplanes?

Under international law that does not happen on military or civilian flights run under the ambit of the military.

Under the Chicago Convention——

The Deputy cannot ask another question and should allow the Taoiseach to continue without interruption.

A convention and a precedent have covered this for 50 years and we have followed them. While there is concern about these issues — I, like everybody else, will be very interested to hear what the US Secretary of State has to say on the broader issues tonight, including some of the questions raised by the former president, Mrs. Robinson, whom I also hold in high regard in the ambit of human rights — we will follow the practice we have followed. If the US Secretary of State, Condoleezza Rice, gives us assurances I must accept them.