I wish to continue on the theme of the Taoiseach's standards but in regard to the director of the Irish Centre of Human Rights, speaking at NUI in Galway last night, Professor William Schabas who said the Government should stop CIA flights landing at Shannon. How will the Taoiseach respond to that issue? He said yesterday it was ludicrous to have the Garda search airplanes. The US Secretary of State has admitted that rendition flights are taking place. The Taoiseach said yesterday he would not facilitate torture by any state but under international law — I have a couple of examples here — unless Ireland can verify that planes are not used for rendition in effect we are facilitating whatever might come out of any investigation. There is circumstantial evidence pointing to the fact that torture has taken place and may still be taking place. The United States' own New York University School of Law has said the refuelling of planes used for rendition is illegal if that is what is happening. I put it to the Taoiseach that effectively Ireland is an accomplice. That law dates back to the Nazi trials at Nuremburg. The law is already in place. It is not about diplomatic relations with the United States or goodwill gestures. It is about being found guilty in an international court of law. Is the Taoiseach looking out for the airplanes suspected of being used for rendition? Will he take note of the laws in place? If necessary, I will read from the Convention on International Civil Aviation, known as the Chicago Convention, from 1944, whereby any State is expected to, and quite understandably will, search a plane when there is any suspicion of untoward action as the US Secretary of State said.

I dealt with this issue yesterday and I repeat that Ireland cannot and will not allow any aircraft engaged in what are known as "extraordinary renditions" to land or refuel at Irish airports. That is the legal advice we received from the Attorney General. Ireland has not and will not facilitate any use of torture. We have used internationally understood terms and definition for torture for many years and there is no need for doubt about that terminology. It has been used by the Council of Europe, in European human rights issues, and by international fora since the Hague Convention. Wherever torture occurs it is wrong and deeply reprehensible. All Government powers are exercised to preclude any use of our facilities where, in the language of the European Court of Human Rights, substantial grounds exist for believing there is a risk to a prisoner under any of the definitions used. As far as we are concerned, the only definition is that recognised and found in international law.

We have been assured repeatedly by the US authorities, including the Secretary of State, Condoleezza Rice, on several occasions during the past few years, that no prisoners have been or will be transferred through this country in owned or operated aircraft. Yesterday, I made reference to the fact that the Secretary of State would give a press conference to international journalists last night. I heard her repeat that statement emphatically so it has not just been said at an official meeting with the Minister for Foreign Affairs. We have accepted these repeated assurances. The Deputy is aware of the international law on this and on inspections. That is the position. The issue has been raised correctly by European countries because of matters that arose during the past few months. However, the Secretary of State has given her assurances to this country.

I am aware those assurances were given. However, assurances were also given to the Spanish Government, which were subsequently found not to be true. In a court of law, assurances given by the US would not stand up. The Irish Government must take that point into account before it follows the US down the road of illegal practices or falsehoods that could put Ireland in the position of being an accomplice in an international illegal event.

Article 16 of the Chicago Convention is quite clear:

Search of aircraft

The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, to inspect the certificates and other documents prescribed by this Convention.

It is international law to which it is possible and expected we have recourse to in these circumstances. Under the Air Navigation and Transport Act it does not have to be carried out by members of the Garda Síochána. Authorised officers from the Department of Transport or the airport authority are also empowered to do so.

Does the Taoiseach regard it as being somewhat suspicious to hear of 50 landings and 35 departures at Shannon of CIA hired planes? Is there a need for a much closer inspection to ensure full transparency so the Irish Government can stand up in a court, which may be the case in the future, and state it can verify the evidence, and is not merely taking the word of another country?

The Chicago Convention, the air services administration order, the protocols used since 1959 are all in place. How we deal with these issues is a well built up practice. As controversial as these issue are, and as much concern as there is, everybody in this House and all members of the public would be deeply concerned, regardless of what countries were gone through, that any measures outside international definitions of normal investigation would be used. Everyone abhors torture and there is no argument about that. I would condemn it in the strongest terms, as would Deputy Sargent and every Deputy that raised the issue yesterday.

The facts are that we received repeated assurances by the US authorities, including the Secretary of State as late as last week, when we raised these issues and asked whether various protocols, understandings and commitments were totally adhered to. The US Secretary of State, whom we all agree is one of the most senior people in the administration, after the President and Vice-President, has given us that assurance. In the position I hold, I must accept that.