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Dáil
‹ Leaders’ Questions.

Inspections for extraordinary rendition

Summary

Gilmore cites the Human Rights Commission’s criticism of Ireland’s failure to prevent possible rendition through Shannon and calls for a system to inspect aircraft. The Taoiseach says the Government opposes rendition, denies evidence it has occurred in Ireland, and says ministers will consider the report’s recommendations while questioning the proposed inspections.

Five or six years ago this House set up a body called the Irish Human Rights Commission, which is an independent body to oversee the way in which the State complies with its human rights obligations. Yesterday, that independent body issued a report which states the Irish State is not complying with its human rights obligations to prevent torture or inhuman or degrading treatment or punishment. That was in respect of a process that is politely known as extraordinary rendition, whereby the CIA kidnaps citizens of European countries off the streets of their own cities, bundles them into a car, takes them to an airport and flies them to a country in Africa or the Middle East where they are tortured. A number of reports, including that of the Human Rights Commission, state that Shannon Airport is one of the airports used for the transiting of these people who are being ferreted away for the purpose of torture.

This issue has been raised on a number of occasions and the Government's response is that it has received diplomatic assurances from the United States' Government that extraordinary rendition is not happening through Shannon, and it has accepted those assurances. The Human Rights Commission, however, states that is not sufficient to comply with our human rights obligations and that what is required is inspection of the aircraft. In this report, the Human Rights Commission states that since 2005 it has been asking the Government to inspect the aircraft which are going through Shannon to satisfy itself independently that people are not being moved through Shannon for the purposes of torture but the Government has not complied.

Why has the Government not complied with the request from the Human Rights Commission to inspect the aircraft going through Shannon and is it going to start a system of inspections of the aircraft in Shannon?

Comment on this

The Government is totally opposed to the practice of extraordinary rendition anywhere. It is important to repeat that at no stage, despite the various investigations that have taken place in recent years, has any evidence been produced that any person has ever been subject to extraordinary rendition through this country, nor has there even been any specific allegation to that effect. That is the factual position.

In its report yesterday the commission recommended the introduction of a specific inspection and monitoring regime for aircraft alleged to have been involved at some point in extraordinary rendition, even if it is claimed to have taken place thousands of miles away. As the Government has repeatedly emphasised, the Garda Síochána already has full powers to search civil aircraft of the type alleged to have been involved in extraordinary rendition, where it has reasonable grounds for suspecting illegal activity such as extraordinary rendition. The Garda has investigated a number of allegations and found no basis on which to proceed.

It is not a case of whether we are about to start inspections; we started doing them a long time ago wherever there was any suspicion, evidence or talk.

Comment on this

There have never been any inspections.

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In the most recent case where it was reported to the Government that we should watch for a particular aeroplane, the Garda searched it and found six golfers on the way to Ballybunion.

Comment on this

It beats the Bahamas anyway.

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As recently as 29 November 2007, the position of the Minister for Justice, Equality and Law Reform on this matter was clearly set out in an Adjournment debate. We set out in the programme for Government that we have to make sure we follow international laws in these issues. As Deputy Gilmore is aware, there is a commitment to seek a review of the Chicago Convention. The Department of Transport intends to raise this at a meeting of the sub-groups of countries which the International Civil Aviation Organisation, the parent body of the convention, intends to host in New York in the new year. The position of the Minister for Transport has been set out internationally and the Minister for Foreign Affairs has gone before the European Parliament on the issue. We have clearly set out our position time and again.

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The Human Rights Commission is wrong.

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The centrality of human rights compliance on this issue to policing in this country is highlighted in section 7 of the Garda Síochána Act 2005. That was inserted into the Act when these issues arose. The objectives include the protection of life and property, and the vindication of the human rights of each individual. That is law and that is something which is complied with now by the Garda.

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There is a fundamental difference in having a system of inspections and the system the Taoiseach has just described. What the Government is saying is essentially that if anybody in County Clare hears that somebody is being moved through Shannon for the purposes of torture and they go into their local Garda station and report it, the Garda will then go and inspect the aeroplane. If one has that kind of daft position, it is no wonder one ends up finding golfers on the aeroplane rather than anything of greater substance.

Comment on this

Did they shoot any birdies?

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What the Human Rights Commission is seeking is that there would be a system of inspection, that aircraft going through Shannon would be inspected by the Garda, or whoever else, to see whether anybody is being moved illegally through Shannon for the purposes of torture. Since 2005, the Human Rights Commission has been asking the Taoiseach to do that, but he has not done so. That is why the Human Rights Commission has issued what in any state would be regarded as quite a serious report criticising the Government in the strongest terms for not complying with human rights law.

Does the Taoiseach accept the report that was made yesterday by the Human Rights Commission? Does he endorse the recommendations that are contained in the report and what action does he intend to take to implement the recommendations that were given yesterday by the commission?

Comment on this

The Ministers for Foreign Affairs and Transport will examine the recommendations made in the report given to us, but both have already made the point that there are serious questions about the effectiveness of the inspection regime proposed by the commission. We have explained this in detail to it. No other European country has such a regime. There is an issue about highlighting Shannon Airport when there is absolutely no evidence of people, aeroplanes or anything else to do with extraordinary rendition.

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There will be no evidence without inspectors.

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There is evidence.

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Why put Shannon Airport on the international map as a place where something is happening, when several reports have examined the issue and found no validation? That is the point that has been made.

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Did the Taoiseach read the Council of Europe report?

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It is a State body.

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It was taken off his map ahead of the election.

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The review fails to do justice to the extent to which the Government has been active on the issue of extraordinary rendition, both domestically and on the international stage. However, I am glad to note that it acknowledges the commitments given in the programme for Government which we will implement. As I mentioned, the Minister for Foreign Affairs has already called at EU level for a review of the Chicago Conventions governing civil aviation with a view to identifying possible further measures to counter any possibility of extraordinary rendition. Obviously, if there are such measures which are accepted and implemented internationally, we will implement them. I am grateful that this has been acknowledged by the commission also. The Department of Justice, Equality and Law Reform which was responsible for implementing the programme has been active in this regard. On the instructions of the Minister for Justice, Equality and Law Reform, the Garda Síochána authorities have been requested to ensure all gardaí are appropriately trained and familiar with the relevant legislation to ensure these commitments are met. We have covered ourselves well on this issue in the past few years——

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The son of the Dáil has done his job.

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——and will continue to comply with the highest international standards——

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The Attorney General has written to the Garda Commissioner.

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We can conclude it is a sell-out.

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——but going beyond what everybody else in the world is doing for an airport when there is not a scintilla of evidence that anything has ever happened——

Comment on this

That is not true.

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——would not be a good idea.

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Because the Taoiseach has not looked for the evidence — that is why; he does not look.

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