Snowden asylum and US surveillance
Clare Daly condemned alleged US surveillance of European institutions and asked about Edward Snowden’s asylum request. The Taoiseach said the surveillance allegations required clarification and that any valid Irish asylum application would be processed under the applicable refugee conventions and regulations.
Would the Taoiseach agree that Edward Snowden is an international hero? This young man, who has a promising career and loving family, one which he is unlikely to ever see again, has become an international exile for the crime of releasing information in the public interest. The information released was of large-scale US surveillance not only of US citizens or its perceived enemies but of its so-called friends, the institutes of the European Union. It is a bit of stretch to say that surveillance of the European Commission has anything to do with the war on terror. It is much more likely to be linked to the imminent EU-US trade talks.
It is somewhat ironic that if Iran or North Korea engaged in this activity, there would be a clamour for something to be done. Instead, all we have is deep shockwaves throughout the international community, with no great response at other levels. Edward Snowden has put the spotlight on the need to deal with the issue of surveillance. As the European Court of Human Rights rightly warned, a system of secret surveillance for the protection of national security may undermine or even destroy democracy under the cloak of defending it.
As far as I am concerned, Edward Snowden has done a huge service. Given the manner in which he is being treated, the withdrawal of his passport and the US leaning on countries that may offer him asylum, Edward Snowden is in real danger of being persecuted should he be returned to the United States, not least because of the treatment meted out to Bradley Manning or the fact that President Obama has gone after whistleblowers more than anyone else, having already filed charges under the Espionage Act against eight people, which is twice the number against whom charges were filed by his predecessors.
When Ireland joined the United Nations Human Rights Council, the Tánaiste rightly said that it provided us with an opportunity of playing an active role in the promotion and protection of human rights worldwide and to make a distinctly Irish contribution. That day has come. Edward Snowden is in grave danger. What is the point in Ireland being a member of this body if it is not going to do anything about this situation? On that basis and in the public interest, I ask the Taoiseach to condemn the actions of the US Government in its hounding of Edward Snowden and countries that might offer him asylum. Will the Taoiseach confirm that Edward Snowden has applied to the Irish authorities for asylum and will he unequivocally support that application and give him refuge in this country?
Comment on this
This is a serious matter which needs to be cleared up and the facts determined. I referred to the issue this morning in the European Parliament because of the decision taken at the G8 summit in County Fermanagh that formal negotiations on the EU-US trade negotiations and mandate would formally commence in Washington in July. The allegations that have been made of United States surveillance of European Union premises are a matter of concern to everybody, Ireland included. For this reason, the EU's External Action Service has sought urgent clarification of the matter in both Washington and Brussels. The European Union expects to hear shortly from the United States authorities. High Representative Catherine Ashton, on behalf of the European Union, has also spoken directly to US Secretary of State John Kerry in Brunei. We have discussed the issue with senior officials in the US embassy in Dublin and indicated we expect clarification on this matter as soon as possible to follow on the EU request. This country values greatly its relationship with the United States, both bilaterally and in the context of the European Union, and we expect to continue this co-operative relationship in the period ahead.
I confirm that the gentleman to whom Deputy Daly referred, Mr. Snowden, has written to the Irish embassy in Moscow requesting that he be granted asylum in Ireland. It is clear from the content of his letter that Mr. Snowden is facing potentially very serious criminal charges in the United States relating to his having made public information which was privileged and confidential relating to the US Government. Asylum applications are not accepted from persons resident or present in other countries, as our refugee status determination is based on applications for asylum made within the Irish jurisdiction. Accordingly, asylum applications made at Irish embassies abroad are not accepted. Section 8 of the 1996 Refugee Act provides that any person who arrives at the frontiers of the State or any person who at any time is in the State seeking the status of a refugee may apply to the Minister for a declaration of refugee status. It is a generally accepted principle internationally and one which Ireland applies that a person should seek asylum in the first safe host country in which he or she arrives.
Mr. Snowden has written to the Irish embassy in Moscow and I have outlined the conditions that apply in this regard. The process of dealing with the matter, in the event that a valid application is made, will be in accordance with the framework of international legal conventions such as the Geneva Convention, EU directives and regulations.
Comment on this
I am not sure what the Taoiseach needs to have clarified as it is a fact that the United States authorities engaged in the surveillance that has been alleged. I note the Taoiseach is not willing to condemn the actions of the United States and chose instead to diminish them by describing them as a matter of concern. They are a matter of very grave concern, which will have serious consequences for our democracy.
It is in these exceptional circumstances that I asked questions about Edward Snowden. While the Taoiseach has confirmed that Mr. Snowden has applied for asylum in Ireland, he brushed off the issue by stating we cannot facilitate him if he is not on our shores. What criteria were used in the cases of the Vietnamese boat people and Bosnian refugees who came here and were correctly taken into this country? Exceptional circumstances require exceptional measures.
I recall that it was deemed sufficiently important to obtain an Irish passport for Tony Cascarino on the grounds of a fictitious grandmother in order that he could be part of Jack's army. A little creativity could be shown on the basis that this young man, who has done democracy a great service, is in serious danger. We have an opportunity to become a world leader in defending human rights and pointing a way forward. I urge the Taoiseach to seriously consider this issue. If Mr. Snowden lands in Ireland, will the Government give him refuge from the undoubted persecution he faces?
Comment on this
As I have not met Tony Cascarino's grandmother, I do not know if she was fictitious.
According to Wikileaks this morning, Mr. Snowden has applied for asylum in 21 countries. I confirm he has written to the Irish embassy in Moscow. As I stated, the way this country operates is that refugee status determination is made in respect of persons who are resident in this State or in its jurisdiction. If a valid asylum application is received from Mr. Snowden, it will be processed in accordance with the Geneva Convention and declarations and accompanying regulations that apply in the European Union. That is the procedure that applies to every person who seeks refugee status in this country.