Last Wednesday, the Minister for Transport, Deputy Cullen, told me that he knew that no prisoners have gone, or will go, through Shannon on the way to Guantanamo Bay or any other torture chambers throughout the world. Since then, we have heard of three suicides at Guantanamo, and the Taoiseach may have heard President Bush's Administration responding. Rear Admiral Harry Harris said that the suicides were an act of "asymmetrical warfare" against the US. He may also have heard the Assistant Secretary of State for Public Diplomacy, Ms Colleen Graffy, describe the three suicides as a good public relations move. Today, it was found that a prisoner had secretly been on board a US-hired civilian aeroplane. He had been handcuffed and manacled, supposedly for a minor transgression. The US authorities said that there had been an administrative error.

Given the Government's position regarding such activities, if the prisoner had been found to be en route to a torture camp in breach of international law, it would be guilty of collusion and complicit through having accepted mere diplomatic assurances. That much is clear when one reads the law.

According to Article 4 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was signed on 10 December 1984 in New York:

Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

According to Article 16 of the Convention on International Civil Aviation, which was signed on 7 December 1944 in Chicago:

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, and to inspect the certificates and other documents prescribed by this Convention.

Deputy Sargent's time has concluded.

I have read out international law in respect of this issue which applies to all countries. Can the Taoiseach quote legislation to support his refusal to search these planes?

Deputy Sargent's time has concluded.

Where is this legislation? I do not believe it exists.

I agree with Deputy Sargent's comments about the deaths of three inmates at Guantanamo Bay. The full circumstances surrounding the deaths remain unclear but the fact that three detainees committed suicide is deeply troubling. I welcome the promise by the US Government to hold a full review of procedures used at the camp. It has been agreed that the International Committee of the Red Cross may shortly undertake another visit to the camp.

In respect of the legal basis on which persons at Guantanamo Bay are being detained, the Government's position on the condition and status of detainees is clear and has been consistently conveyed to the US authorities. We believe that all detained persons are entitled to the protection of international human rights instruments and, where applicable, international humanitarian law. I understand the Irish Government was the first government to call for the closure of Guantanamo Bay and did so long before other EU governments. I share the view expressed by many people, including the Secretary General of the United Nations, Kofi Annan, that those held at Guantanamo Bay should either be charged or released and that the US should close the facilities. We have expressed this view on highly desirable humanitarian grounds. I agree with Deputy Sargent's comments.

As the Minister for Foreign Affairs stated, a civilian aircraft carrying US military personnel landed at Shannon Airport for a technical refuelling stop on route from Kuwait to the US. It emerged on Monday that US authorities had inadvertently failed to seek the consent for this. Such transfers of prisoners are permitted under international domestic law, however consent was not sought. The Minister for Foreign Affairs raised this with the US ambassador last night and undertook to examine our procedures to ensure that these events do not re-occur.

I take it the Taoiseach has no jurisdiction over Guantanamo Bay but he does have jurisdiction over Shannon Airport. This is the substance of my question. Does the Taoiseach accept Senator Dick Marty's clear understanding that flights used for rendition purposes have used Shannon Airport? Ireland was effectively found guilty of negligent collusion with the secret detention and unlawful interstate transfers of persons by the US military and the Central Intelligence Agency by the Council of Europe's committee on legal affairs and human rights. The Taoiseach has been asked by the Council of Europe, the EU Network of Independent Experts in Fundamental Rights, Amnesty International, Human Rights Watch, the United Nations Commission on Human Rights, the Irish Human Rights Commission, the Irish Council for Civil Liberties and 76% of the Irish people at the last count to live up to his international human rights commitments and obligations and ensure these airplanes are inspected. Will the Taoiseach do so in compliance with international law, irrespective of who owns or hired the airplanes or what might be found on them? He is legally obliged to uphold the law. Will he do so and does he accept that flights used for rendition purposes have passed through Shannon Airport?

I do not accept that at all.

The Taoiseach is out of sync with everyone else.

We are absolutely opposed to extraordinary rendition. We have made this emphatically clear on a continuous basis, including directly and at the highest level, to the US. US authorities have fully accepted our position and have made it clear that prisoners have not been transferred through Irish territory nor would they be——

That is not the question. The Taoiseach is not answering the question.

The Taoiseach should answer the question.

Will the Deputies listen to me?

The Taoiseach, without interruption. Members will be asked to leave the House if they continue to interrupt.

The Taoiseach is not answering the question.

I remind Deputy Gormley that the question has been asked by Deputy Sargent. The Chair will not tolerate a situation where other Members interject on Leaders' Questions.

I answered Deputy Sargent's question about whether I agreed with Senator Marty. The gardaí have the powers to search these aircraft if there is any reasonable suspicion they are breaking the law.

There is reasonable suspicion.

Is Deputy Sargent also a garda?

No, I am not. I am simply quoting Amnesty International.

These aircraft are chartered civilian airplanes.

The Taoiseach, without interruption.

They are not state aircraft.

We disagree with the substance of Senator Marty's references about this country. There is no question of Ireland having been involved in any collusion. Senator Marty's use of the term is unfortunate. Ireland has not colluded in any unlawful activity. The connections with the refuelling referred to in Senator Marty's report were made after the fact on the basis of the imposition of a pattern of movement so there is no significant evidence in the report. As I stated last week, if he has a basis for his assertions, he should produce it.

Before preparing his report, Senator Marty, amazingly and unlike any other body, did not contact anyone in Government circles to check anything.