I welcome the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, and point out to him that this is an important matter relating to the issue of extraordinary rendition. We debated this issue last summer with regard to Senator Marty's report. The matter was subsequently further investigated and went to the European Parliament. A resolution emanated from that Parliament on 14 February.
Both the Senator Marty report and the European Parliament's resolution were highly critical of the Irish Government and the manner in which it dealt with the issues of extraordinary rendition, the transportation of detainees and the use of Irish airports by Central Intelligence Agency, CIA, operated aircraft. Senator Marty said the United States had "progressively woven a clandestine spider's web of disappearances, secret detentions and unlawful interstate transfers, spun with the collaboration or tolerance of Council of Europe members".
He went on to mention member states of the European Union, including Ireland, that could be held responsible for active or passive collusion — in the sense of having tolerated or having been negligent in fulfilling the duty to supervise — involving secret detention and unlawful interstate transfers of persons whose identity so far remains unknown. He felt Ireland in particular could be responsible, in this sense, for permitting the use of Shannon airport for the stopover of flights involving the unlawful transfer of detainees.
After the debate here last summer, the matter went before a temporary committee while it was addressed separately by the Council of Europe. A report was then sent to the European Parliament which concluded in the following terms on the subject of "the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners":
The European Parliament welcomes the testimony given to the temporary committee by the Irish Minister for Foreign Affairs on behalf of the Irish Government as well as his unequivocal criticism of the process of extraordinary rendition.
However, they noted that "he failed to answer all the questions in relation to the concerns that Irish airports may have been used by CIA aircraft travelling to or from extraordinary rendition missions, as in the case of Abu Omar".
The European Parliament thanked the Irish Human Rights Commission for its testimony and endorsement of the view which considered that "the acceptance by the Irish Government of diplomatic assurances would not fulfil Ireland's human rights obligations". The diplomatic assurances that the Minister so often quotes are not regarded as adequate by the European Parliament or the Irish Human Rights Commission.
The European Parliament made reference to human rights obligations that would oblige the Government to actively seek to prevent any actions that could in any way facilitate torture or ill-treatment in Ireland or abroad. It went on to say it regretted the decision of the Irish Government not to follow the Irish Human Rights Commission's advice in the matter. The European Parliament wrote that it noted the 147 stopovers made by CIA operated aircraft at Irish airports and expressed concern about the purpose of those flights which came from or were bound for countries linked with extraordinary rendition circuits and the transfer of detainees. They deplored the stopovers in Ireland of aircraft that had been shown to have been used by the CIA, on other occasions, for the extraordinary rendition. They go on to name and number the people taken in this fashion.
The European Parliament noted the absence of Irish parliamentary scrutiny of either Irish or foreign intelligence services and the potential for abuse that this created. They considered that, in the absence of a system of random searches, a ban should be imposed on all CIA operated aircraft landing in Ireland. They urged the Government to agree to launch a parliamentary inquiry into the use of Irish territory as part of the CIA rendition circuit.
I propose that the Government take on board the resolution passed by the European Parliament that urged it to set up a parliamentary inquiry. It could be established under the auspices of the Committee on Foreign Affairs or the Committee on European Affairs or a joint sub-committee of these committees. The inquiry would examine the circumstances I have outlined and report back to the Dáil. The House would then take action arising from the findings of the report.
The European Parliament and Council of Europe are not satisfied that all questions have been answered. It is not good enough to constantly reiterate the mantra that the Government has received categorical assurances from the highest authorities in the United States. More definite information is needed.
