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Landing Rights.

Dáil Éireann Debate, Thursday - 29 June 2006

Thursday, 29 June 2006

Questions (3)

John Gormley

Question:

3 Mr. Gormley asked the Minister for Foreign Affairs the circumstances surrounding the transporting of a handcuffed US marine through Shannon Airport without the necessary permission being obtained by the US from the Irish authorities; the subsequent discussions he has had with the US authorities regarding this incident; and if he will make a statement on the matter. [25496/06]

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Oral answers (60 contributions)

I refer the Deputy to the statement of the Minister for Foreign Affairs in the Dáil on 13 June, when he gave the House a detailed account of the matter to which the Deputy's question refers. Immediately after the incident in question was reported to the Department of Foreign Affairs by the US Embassy, the Minister for Foreign Affairs summoned the US ambassador to Iveagh House, where they met for the best part of an hour. He outlined our grave concerns. The ambassador confirmed the sequence of events and made clear that the failure to seek consent arose from an administrative error. He conveyed his deep regret for the breach of procedures and undertook urgently to advise his authorities of our views. In confirming the US authorities' determination that the use of Irish airspace and airports by the US be completely transparent and in conformity with Irish law and the wishes of the Government, he also confirmed his willingness to review the situation immediately with a view to ensuring there is no recurrence. The Minister informed the ambassador that, notwithstanding the fact this incident had no connection with allegations of extraordinary rendition, it was unacceptable that it should happen.

The following morning, the Minister briefed the Government meeting on these developments. Following the subsequent discussion, it was decided to make clear the Government's grave concern and to ask for a full written report from the US embassy. In addition, to ensure that appropriate steps are taken to prevent any recurrence of this incident, we are engaging in further discussion with the US authorities.

Officials from the Department of Foreign Affairs have met officials from the US embassy, most recently on 20 June, and have been in subsequent contact by telephone. The embassy is preparing its written report and has also taken steps to prevent any recurrence of the episode, in particular by seeking to ensure that all relevant personnel are aware of their obligations and of the procedures to be followed. On the basis of our discussions with the US authorities, I have no reason to believe that this was other than an isolated incident which arose from an administrative error.

Moreover, as the Minister and I have previously emphasised, this incident is quite distinct from the question of extraordinary rendition, and I remain confident of the continuing validity and weight of the clear assurances repeatedly given to us by the US authorities in that context.

The Minister of State claims this is distinct from extraordinary rendition but does this incident not confirm that the Government does not have a clue what is going on in Shannon Airport but must wait for a cleaner to board an aircraft? The authorities at Shannon Airport did not contact the Government but contacted the US Embassy. The Government is completely out of the loop. Is it not the case that the Minister of State does not know whether extraordinary rendition is taking place and would prefer not to know? That is probably closer to the point.

Will the Minister of State please outline what protocols are in place? I understand that permission is required from the Department of Justice, Equality and Law Reform for prisoners to go through Shannon Airport. Will the Minister of State confirm this? We are none the wiser on the requirements after this incident.

Is it not the case as stated in The Examiner, that there are no protocols in place? Is it the case that the troops we see wearing uniforms in Shannon and elsewhere, for example, in the recent incident in Ennis, are in breach of Irish defence legislation? Is this acceptable?

I regret that the Minister for Foreign Affairs is not here to answer my question directly. He told The Guardian that because of this incident we would have to conduct searches of the aeroplanes. The Minister of State did not mention these in his response. From now on will we conduct random searches, or was that promise made hastily after this incident? I see the Minister of State nodding which is interesting. Will he confirm to the House that the Government will conduct these searches?

Many Deputies on this side of the House have been calling for that sort of action for some time and have received a negative response.

I remind the Minister of State of the time limit.

I have been asked many questions and Deputy Gormley has made many statements which are not factual. First, a cleaner did not discover this situation.

The Garda Síochána did not discover it.

A soldier was being transferred on this aircraft. He was detained on board at Shannon. The officer in charge asked permission of the official on duty in Shannon if the soldier could be taken off the aircraft for exercise. The official in charge reported that immediately to his authorities in Dublin and to the US Embassy which in turn contacted directly the Departments of Foreign Affairs and of Justice, Equality and Law Reform.

The Department of Foreign Affairs was not contacted first.

I was not contacted.

No but neither was the Department.

I will outline the sequence of events. The Deputy is saying the cleaner discovered this but that is not the fact.

That is what was reported.

As soon as the Department of Foreign Affairs was contacted officials in the Department contacted the Minister who was attending a European meeting in Brussels. He returned immediately to Dublin and summoned the US ambassador into Iveagh House that evening and laid down the law on Ireland's position and said that this was unacceptable.

He told him what for.

The matter was investigated and we are satisfied that it was an administrative error as the US officials carrying out the transfer did not think they had to report this situation to our Department or the Government.

The following morning the Minister for Foreign Affairs briefed his Cabinet colleagues on the situation. The Cabinet decided this was unacceptable and we requested a detailed written report from the US authorities on this matter. Since then officials from our Department have held discussions with the US Embassy and we await the final report on the situation. There has been no doubt about this. If there was any difficulty whatever——

On a point of order, I asked the Minister of State a few questions but he is not answering them. What are the protocols?

I must advise the Deputy that the Chair has no control over the Minister of State or his answers.

Will there be inspections and what are the protocols?

To carry out inspections would imply that we are not prepared to accept the categorical assurances given to us——

The Minister of State is changing now.

——by the friendly government of a country with which we have an exceptionally close relationship. No plausible evidence has been produced that aircraft have passed through Shannon Airport carrying prisoners being transported as part of an extraordinary rendition operation. The number of supposedly implicated flights that have transited through Shannon is minuscule in comparison with the overall number of flights of similar aircraft stopping there.

A policy of spot checks could have only a cosmetic affect. Furthermore, the allegations relate not to recent events but to those which it is claimed happened several years ago. This retrospective imposition of a pattern of movements would be a flimsy basis on which to depart from a long-established practice.

That is pure nonsense.

In a joint statement on extraordinary rendition on 27 June, Amnesty International, Human Rights Watch, the International Commission of Jurists and the Association for the Prevention of Torture do not call for spot checks but for the inspection of aircraft where there are grounds for believing that it is being used to transport detainees.

That is fine.

It has always been the Government's position that in such circumstances the Garda Síochána would exercise its powers of entry and search an aircraft.

They can do that only if they have evidence.

Not alone are we consistent in our attitude but we are the first country to raise this matter several times with the United States. It has been raised by the Taoiseach, the Minister for Foreign Affairs and I.

They have never inspected an aeroplane.

There is no doubt whatsoever about the assurances we have received. The situation that has been raised pertaining to the transiting of a soldier has nothing to do with extraordinary rendition. It is only a red herring that is being used to create a scare among the people.

We have to move on to Question No. 4 in the name of Deputy Allen.

The Minister of State is going back on the previous commitments. The Minister for Foreign Affairs gave a commitment in the aftermath of the incident in question that inspections would be carried out. The Government is going back on this. What are the——

I ask the Deputy to resume his seat.

The Minister of State has not answered the question.

Of course, I have answered it.

The Minister of State has not.

I have given the Deputy more information and factual information, but it is like everything, he does not like facts.

No, the Minister of State is completely——

Can we move on to Question No. 4?

——and utterly avoiding the question.

The Deputy has given a spurious concoction of misinformation——

Deputy Gormley should resume his seat.

——to deliberately mislead the public.

The Minister of State should answer my questions.

Will Deputy Gormley resume his seat please? We have to move on to Question No. 4.

Can the Minister of State give us the protocols which are in place?

Can we have the answer to Question No. 4?

There is none.

That is right.

Why did they contact the embassy? Why did they not contact the Garda?

That is it.

That is the question. Why was the Garda not contacted? Why was the embassy contacted? That is what I want to know.

If there was anything to be covered up, or if something was wrong, does the Deputy think the officer in charge of the soldier in question would have asked for permission to take him off the aeroplane?

That is what I want to know.

We do not know.

They walk around in uniform all over the place.

What is wrong with that?

They do not give a damn——

Does the Deputy want them to walk around naked?

——what the Government thinks.

Did they take off his leg irons for the exercise?

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