Vol. 793 No. 2
1. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he has discussed with the Northern Ireland Secretary of State the need to bring clarity to the exact authority of the Parades Commission and its jurisdiction over non-notified parades in view of the fact that difficulties have recently emerged with non-notified parades; and if he will make a statement on the matter. [9179/13]
I have discussed the ongoing situation regarding the flag protests and the upcoming marching season with the Secretary of State for Northern Ireland, Theresa Villiers, on a number of occasions, most recently in Dublin on 11 February last. I have also discussed these issues in ongoing contacts with the party leaders in Northern Ireland.
The particular problem posed by non-notified parades has been a matter of some comment recently. My understanding is that the interpretation of certain provisions of the Public Processions Northern Ireland Act 1998, under which the Parades Commission acts, is likely to arise in the context of an imminent judicial review. Accordingly, it would be inappropriate to comment further at this stage. However, while only a small number of applications related to the flag protests have been made to the Parades Commission, almost 200 people have been arrested in regard to these protests since they began on 3 December. I would like to record the Government’s support and appreciation for the efforts of the Police Service of Northern Ireland to protect the community there throughout weeks of public disorder. I would also like to record our absolute support for the role and mandate of the Parades Commission and for the commissioners and their staff who willingly take on work that, while critical for society in Northern Ireland, is often thankless.
Parades do not operate solely in a regulatory environment; they also operate in a political framework. Where that political framework is weak or inadequate, the Parades Commission and the Police Service of Northern Ireland are required bear an added burden of responsibility. We will continue, therefore, to take every opportunity to urge the party leaders and the Executive to address these issues urgently and in a manner that advances the lasting reconciliation which is at the heart of the Agreement and which must remain our shared objective.
I thank the Tánaiste for his reply. Since I tabled this parliamentary question last Thursday, this issue has received considerable coverage in the media. One police officer issued a strong message that judicial clarity is needed on parading laws. The Tánaiste referred to this and we await the judicial review. It is to be hoped that can be finalised as soon as possible. Next Saturday will be the 11th consecutive Saturday a parade has been held in Belfast and everyone is aware of the trouble emanating from these non-notified parades. These flag marches around City Hall are parades but they are not classified as such and, therefore, do not come within the jurisdiction of the Parades Commission because they are not notified. All the other parades outside Belfast relating to the new protocol regarding the flying of the union flag were notified to the commission and came under its jurisdiction. There was weak commentary, to be charitable, regarding the reasons for the postponement of the Crusaders-Cliftonville soccer game last Saturday evening when senior unionists referred to "events" causing the postponement.
Like the Tánaiste, I have spoken to political leaders and community members in Northern Ireland on a constant basis and there is great concern in many communities, particularly in Belfast, given the marching season begins this coming Saturday, that this issue needs to be addressed with the utmost urgency. Clarity needs to be brought to the jurisdiction of the Parades Commission regarding parades as we know them, as provided for following the enactment of the Public Processions Northern Ireland Bill 1998. Will the Tánaiste ensure this issue remains on the agenda at senior levels with the British Government, the Secretary of State, the Northern Ireland Executive and political leaders in the North?
I assure the Deputy that this is very much on our agenda. The Parades Commission was established at the height of the Drumcree parade related violence under the 1998 Act and the policy underpinning this was to remove from the police the dual responsibility of taking decisions on parades and then having to police their own decisions. The Government strongly supports the work, mandate and role of the commission. I do not want to talk about the judicial review that is imminent for obvious reasons but in view of forthcoming parades, which will pass through Short Strand and other interfaces in Belfast, both the Irish and British Governments are of the view that the commission needs to be strongly supported and that its determinations must be respected. I urge all parties to engage with local residents at interfaces to identify compromise solutions that respect the wishes of both marchers and communities and we will continue our efforts to work with the Northern Ireland political leadership on these issues.
What we have witnessed over the past ten weeks is the remit of the Parades Commission not being respected by people organising parades every weekend and midweek as well. On the morning of 11 February, both the Tánaiste and the Secretary of State, Ms Villiers, referred to the need for greater urgency to be attached to a resolution of the underlying problems of sectarianism by the Northern Ireland Executive and political leaders. In view of the urgency of dealing with this issue and the potential for it to escalate, which hopefully will not happen, does the Tánaiste agree that the Taoiseach and Prime Minister Cameron should convene a meeting with the five party political leaders in Northern Ireland, which has been proposed by one political party, to give the resolution of this issue much needed impetus? The marching season begins this coming Saturday and, as the Tánaiste said, that parade passes by the Short Strand interface. We do not want to witness violence on the streets of Belfast and other towns that we witnessed in December and January.
Every opportunity is taken to impress on the political leaders in Northern Ireland the importance of having an agreed position on parades, the issue of the shared future and, in particular, responding to street violence when it occurs. The position of both the Irish and British Governments was expressed clearly by both Secretary of State Villiers and I jointly when we met the First Minister and the Deputy First Minister in the quad format. We have each separately communicated, in our discussions with leaders of political parties, our view, which is shared by both governments, of how this issue should be dealt with.
The critical issue in the period ahead is to have clear support for the Parades Commission and Police Service of Northern Ireland and the work they must do and an agreed opposition by political leadership in Northern Ireland to street violence and some of the things that are causing it.
2. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the report by the Open Society Justice Initiative titled Globalizing Torture: CIA Secret Detention and Extraordinary Rendition, which was released on 5 February, regarding the use of Shannon Airport by the CIA for flights of extraordinary rendition, which were not in line with the dictates of international law; and if he will make a statement on the matter. [9032/13]
I am aware that the Open Society Justice Initiative report, Globalizing Torture: CIA Secret Detention and Extraordinary Rendition, contains a compilation of existing publicly available material on the subject of extraordinary rendition. It does not contain any new information or make any new allegations in respect of Ireland. In particular, it does not allege that any person has ever been subject to extraordinary rendition through Irish airspace or Irish airports.
The Government is completely opposed to the practice of extraordinary rendition. I have addressed the issues raised in this report on a number of occasions in the House when I stated Ireland does not and will not tolerate the use of our airspace or airports for any illegal purpose, including torture, rendition or the unauthorised detention of any individual. In this regard, the programme for Government states clearly that the Government "will enforce the prohibition of the use of Irish airports and related facilities for purposes not in line with the dictates of international law". The permission of the Irish Government must be sought and obtained for the transport of prisoners through Irish airports. I made clear in this House on 22 May 2012 that "under no circumstances will we grant permission for the transport of prisoners who are subject to extraordinary rendition".
Immediately following the first reports which suggested that the United States was carrying out extraordinary rendition to transit prisoners, the then Government demanded and received specific assurances from the US authorities that such prisoners had not been transferred through Irish territory, nor would they be so transferred, without our permission. I am satisfied with these assurances, which were confirmed at the highest political level. They are of a clear and categoric nature, relating to facts and circumstances within the full control of the United States Government.
It is likely that a small number of commercially leased aircraft which have been involved in legitimate commercial activities have also been involved at various other times in activities relating to extraordinary renditions. However, there is no evidence to suggest that any of these aircraft were carrying prisoners at any time when they transited through Irish airports, including Shannon Airport.
Additional information not given on the floor of the House
Where allegations have been made, including by Members of the Oireachtas, these have been fully investigated by senior officers of the Garda Síochána. In no case has any evidence been adduced to support claims that extraordinary rendition had occurred. If anyone has evidence to suggest any person subject to extraordinary rendition has transited an Irish airport during this process, this evidence should be made available to the Garda Síochána in order that an investigation can take place.
The Tánaiste is correct that the report is a compilation of testimonies gathered by human rights organisations and brings together various court documents, official sources and so forth. However, it also links the apprehension and transfer of three suspects to aircraft and flight schedules that included stopovers at Shannon Airport between 2002 and 2004. I welcome the Tánaiste's statement that the Government will not grant permission to transfer prisoners through Irish airspace, although this commitment was also given by previous Governments. I recall that the previous Government took assurances provided at the time at face value. We now know that up to 170 aircraft passed through Irish airspace and suspects may have been on board in the case of three flights. Will the Tánaiste assure the House that the practice of transferring prisoners through Irish airspace, which may have occurred in the past, will not take place in future? How can those who are concerned about rendition be assured that Irish airspace and, more important, Irish airports will not be used by other States for rendition purposes?
There is no evidence that any persons were transited through Shannon Airport for the purposes of extraordinary rendition or that any persons involved in the practice transited through the airport. What the reports referred to and what the recent report from the Open Society Justice Initiative refers to was the belief that certain commercial aircraft, which it believed were used for extraordinary rendition purposes elsewhere, stopped at Shannon Airport. To put the issue in context, more than 1,700 commercial aircraft passed through Shannon Airport in the period in question. There is nothing wrong with commercial aircraft coming through Shannon Airport - we all wish more would do so.
The Deputy asked about assurances. We must be clear that if prisoners are to be transported through Shannon Airport or any other Irish airport, the relevant authorities must seek and obtain permission from the Irish Government. Under no circumstances will the Government grant permission for the transport of prisoners who are subject to extraordinary rendition. That is the clear position of the Government and I give that assurance to the Deputy and House.
Let us back up a little. What action does the Government propose to take that is different from the action taken in the past? Concerns persist on this issue, court cases involving extraordinary rendition are pending and one of the suspects involved remains in Guantanamo Bay. While the Government denies prisoners were transferred through Irish airports, they were certainly transferred through other parts of Europe. What action can we take on this issue?
I repeat that we do not know, nor do we have any evidence or information, that any prisoner transported through an Irish airport was the subject of extraordinary rendition. The closest that anybody has come to making a linkage with Irish airports is a suggestion that some aircraft which may have been used for extraordinary rendition elsewhere and at a different time travelled through Shannon Airport.
The Deputy asked what is different from in the past. The difference is that the current Government has made a clear commitment in the programme for Government to enforce the prohibition of the use of Irish airports and related facilities for purposes that are not in line with the dictates of international law. Where overflights are concerned and where prisoners are being transported through Irish airports, there is a requirement to seek our permission. If, at any time, we receive evidence that there is a breach of this requirement, we will have our law enforcement officials take action on it.
Will inspections be carried out? People want to hear that we will do things differently.
That is a matter for the Garda. No one has produced any evidence.
3. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations to the British authorities on the location of the royal pardon which was granted to Marian Price and the late Dolours Price; his views on whether the granting of the pardon is being disregarded as Marian Price continues to be detained in prison and is in very poor health. [9030/13]
Genuine concerns have repeatedly been raised about several aspects of this case by Deputies in the House and I have raised concerns very frankly with the British Government over the past two years, most recently when I met the Secretary of State for Northern Ireland last Monday, 11 February. The individual in question was sentenced in 1973 to two life terms and 20 years imprisonment to run concurrently on charges arising from the bombing of the Old Bailey. She was released in 1980 and has been detained since 13 May 2011 following the revocation of her life licence by the Secretary of State for Northern Ireland.
I discussed the specific issue of her royal prerogative of mercy and the life licence at some length last year with the then Secretary of State for Northern Ireland. He informed me that the royal prerogative of mercy no longer exists but that the issue had been considered by the parole commissioners in Northern Ireland who are tasked with making recommendations to the Secretary of State in relation to parole in such cases. The Parole Commissioners had concluded that the royal prerogative related to the determinate sentence of 20 years and not the two life sentences. Their ruling stated that “the life sentences were not in fact remitted by the Royal Prerogative of Mercy" and that the individual "remains subject to the life licence". The Secretary of State informed me that he had revoked that licence under the powers contained in article 9(1) of the Life Sentences (Northern Ireland) Order 2001.
I have received a full briefing on the assessment of an Oireachtas delegation that recently visited the individual in question. I understand the Parole Commissioners will consider the issue of her continued detention in the coming weeks. In the meantime, I assure the House that my officials will continue to monitor developments in the case very closely.
I acknowledge the fact that the Tánaiste met the group that travelled to Maghaberry and I know that he has made representations to the Secretary of State, Ms Theresa Villiers, MP. However, there appears to be a large grey area. Marian Price and her late sister, Dolours, were given a royal prerogative of mercy in May 1980. Her solicitor gave her the impression that it covered all of the sentences and was not subject to licence. There now appears to be circumstantial evidence to the effect that it is subject to licence. The Northern authorities seem to be misusing this process. Article 9 of the Universal Declaration of Human Rights states: "No one shall be subjected to arbitrary arrest, detention or exile." She has been subjected, as have other prisoners who we will discuss later.
Will the Tánaiste make representations to the Minister of Justice? Under Article 7 of the Life Sentences (Northern Ireland) Order 2001, the Minister has the power to release Marian Price on humanitarian and compassionate grounds. Those of us who visited last week saw a serious deterioration in her physical, mental and emotional health. There are grave fears for her. The review will take place at the beginning of March and will be conducted by the Parole Commissioners for Northern Ireland, who were appointed by the Secretary of State. Where is the fairness?
I have discussed issues relating to this and other prisoners with the Minister of Justice, Mr. David Ford, MLA, including the conditions in which they are being held. The Deputy has described the licence process and the issues that arose in that regard. As she is aware, a court case was also involved.
My understanding is that the Parole Commissioners are due to consider her case shortly. My information is that three dates have been identified for its hearing. It will be heard shortly. The intention is for the commissioners to make a decision shortly afterwards.
I recently discussed the matter with the Secretary of State. I am aware that Deputy Maureen O'Sullivan and other Members have visited Ms Price where she is detained.
The Parole Commissioners do not have investigative powers. They will work based on whatever they are handed, but Marian Price will have no idea what that will be.
Will the review be held in public in the interests of due process, justice, fairness and transparency? I hope that it will. Can the Tánaiste ensure that it will be held in public? If it is not to be held in public, representatives of our Government should at least be allowed to attend in the interests of justice.
Representatives of this Government are keeping a close eye on the case. My officials in Belfast are in touch with the case and report to us regularly. I have taken an ongoing interest, as the Deputy knows. We are in continual contact with the British authorities and the Department of Justice in Northern Ireland on the matter. We will maintain this level of contact.
Can the Tánaiste request that one of the officials from the Northern Ireland Office attend the review?
The Deputy can be assured that our officials will monitor the issue very closely.
4. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline his views on the recent immigration reform initiative; the plans he has to discuss this initiative with the United States authorities in regard to the position of the undocumented Irish; and if he will make a statement on the matter. [9180/13]
The welfare of the Irish abroad in general and especially the position of undocumented Irish immigrants in the United States remains an important priority for the Government. A resolution of the situation for undocumented Irish immigrants will continue to be pursued by the Government in our ongoing contacts with the US Administration and Congress.
The advice of Ireland's friends and contacts within the US Administration and Congress has long been that comprehensive reform of the US immigration system and procedures is likely to be the only manner by which such a resolution can be achieved. The prospects for such reform would appear to have advanced in the wake of President Obama’s re-election. The emphasis he placed on immigration reform in his inauguration address as well as his subsequent speech on the issue on 29 January and his State of the Union address on 12 February all sent a positive signal in this regard. The indications of emerging bipartisan support for reform in Congress are also encouraging. Although work is under way in the Senate and the House of Representatives, full proposals have not yet been tabled. We will monitor closely any proposals as they emerge in the coming weeks and months.
Through our embassy in Washington and in close liaison with Irish-American community representatives, our contacts with the US Administration and Congress continue with a view to ensuring that the interests and concerns of undocumented Irish immigrants are captured in any future legislative deal in this area that emerges. In this regard, I raised the issue with the then Secretary of State Hillary Clinton during our bilateral meeting on 6 December last and recalled our strong support for comprehensive immigration legislation and the passage of E-3 visas for Irish citizens.
I am currently engaged in a round of telephone discussions with key US Senators to discuss prospects for progress and to underline our ongoing interest in the issue. The Taoiseach discussed immigration reform when he spoke with President Obama to congratulate him on his re-election. The issue will remain a critical element of the Government's engagement with the US authorities, including over the forthcoming St. Patrick's Day period. My programme and that of other members of the Government during that period, while not yet finalised, will include discussions with key political figures on the immigration and with the Irish community groups that provide assistance to the undocumented.
Additional information not given on the floor of the House
Much further debate and discussion is likely to be required within the US political system as to what any future legislative deal might comprise. It is, therefore, not possible at this stage to identify an exact timescale in which these may become clear. What I can make clear, however, is that this issue will continue to receive the Government's closest attention over the period ahead.
I thank the Tánaiste for his reply. Clearly, assisting or regularising the position of the undocumented Irish must form part of a comprehensive immigration reform programme. Like the Tánaiste, I welcome the fact that, in two major speeches recently, President Obama placed a certain priority on a legislative initiative to deal with this issue. I also welcome the cross-party support for and work on devising a worthwhile initiative.
Am I correct in believing that the priority for Irish lobbyists has traditionally been the provision of E-3 visas, which would give approximately 10,500 undocumented Irish the legal status to work in the US for up to two years? We hope that the proposed reform will be successful, but I read that one Irish lobbyist group is concerned about the fact that the reform period will be eight years long. The 30,000 to 50,000 undocumented Irish in the US want to go about their work normally in the meantime while being able to travel home to visit their families if necessary. What is the likely timeline for an initiative's enactment, should such an initiative be successfully passed by Congress?
This issue has two aspects, first of which is the position of the undocumented Irish in the US. We estimate that there are approximately 50,000. As Deputy Smith mentioned, some of them have been living in the US for some time and cannot return home for funerals. They are in difficult circumstances. We are anxious to have their position regularised.
Second, we have been advancing an idea for the E-3 visa that would enable new Irish immigrants to work in the US. The model used is the E-3 arrangement negotiated by Australia.
A major change occurred during the US presidential election, that is, a clear bipartisan political determination to introduce legislation on comprehensive immigration reform.
Overall, our understanding is that this is legislation that potentially could cover approximately 11 million immigrants in the US. We want to ensure that the needs of the undocumented Irish are included in any such legislative reform. That is why we are discussing the matter directly with the US Administration and why we are also discussing it with Senators and Members of Congress on both sides of the political aisle in the US.
I thank the Tánaiste for his further clarification. I again urge him to ensure that every opportunity that arises is taken by Irish political leaders and officials working in the United States in order to keep the issue on top of the agenda. The Tánaiste correctly stated that many people have not been able to travel home for family occasions, be they happy or sad. All of us, but in particular those who represent rural constituencies, receive representations every weekend from parents, elderly in many instances, who want a son or daughter to be in a position to travel home. We want to be able to assure them that this is a priority for Government. It is outside our legislative powers but the Government can keep it high on the agenda in all discussions with Members of Congress and officials in President Obama’s Administration as well.
This is very much a priority for the Government. I do not wish to create false expectations as there have been false dawns on immigration reform and visa related issues in the United States. However, it is clear that positive signals have been made. Speeches by President Obama have been absolutely explicit. He has said he wants to see legislation on the issue. On foot of that, the approach being taken involves me doing a round of telephone conversations with key United States Senators who are involved in the issue. Our embassy in Washington is also very much involved. Both the Taoiseach and I will be in the United States over the St. Patrick’s Day period. We will both be in Washington and we intend to use the opportunity to speak to key political figures and those within the US Administration about the issue. The situation is difficult. It is not for us to predict a timeframe because that is in the hands of the US Legislature. We have got a feel for what is happening and what is possible, certainly from the discussions I have had with United States Senators and Members of Congress.
5. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he has taken in his dealings with the Northern Ireland and British authorities to highlight the widespread concern that exists in relation to persons (details supplied) being in prison without knowing the charges against them and without an open trial. [9182/13]
I am very aware of the cases to which the Deputy refers and my officials monitor these and other cases very closely. The first individual referred to has been detained since 13 May 2011, following the revocation of her life licence by the Secretary of State for Northern Ireland. Genuine concerns about several aspects of this case have been raised by Deputies on many occasions, and I have raised them very frankly with the British Government, most recently when I met the Secretary of State for Northern Ireland on Monday, 11 February. I have been advised that the Parole Commissioners for Northern Ireland will determine in March on the issue of her continued detention.
In relation to the second individual referred to, the British authorities have confirmed that he was released under licence in 1992. The Secretary of State for Northern Ireland revoked that licence in April 2010 and the individual, has as a result, been in custody for the past two years and nine months. I understand that an appeal on the case will be heard by the Supreme Court in Belfast shortly. As the case is the subject of an ongoing legal process, it would be inappropriate to comment further at this time.
I appreciate that the Tánaiste has raised those matters but all of us need to do more. We were among a cross-party delegation that went to Maghaberry Prison where we visited both Martin Corey and Marian Price in recent weeks. The health of Marian Price in particular is a cause of grave concern. We all have a role in putting pressure, not just on the British authorities but also on the Northern Ireland Administration. Deputy O’Sullivan is correct; the Minister, Mr. Ford, could release the two individuals on compassionate grounds at the stroke of a pen.
The issue is a serious one. I am shocked that the media have not taken it up to a greater extent. The cases involve two people who have been in prison for almost two and three years, respectively. They do not know the charges against them. Their solicitors are not entitled to the evidence against them. In the case of Marian Price’s parole commission hearing, a representative is being appointed on her behalf to represent her. This is a person she cannot meet, who cannot discuss matters with her or talk to her. This person will attend her hearing, which will be held behind closed doors, which she herself is not allowed to attend. If that was taking place in a tin-pot African dictatorship, we would be banging our drums demanding justice. It is happening on this island and it is absolutely unlawful and disgraceful. I echo the point made previously on whether we can get an official from the southern Government to be a public voice at the hearing. Could we demand that the case is held in public and that Marian Price and her solicitor could attend? Could we begin to address the issues in the broader European Union community because it is a serious erosion of human rights?
Two cases were referred to in the question. In one case a Supreme Court case is shortly to be held on it so I cannot say anything much further in that regard.
In the second case the individual was sentenced to two life terms of imprisonment – 20 years imprisonment to run concurrently. In March 1975 the individual concerned was transferred from prison in England to Armagh Prison. On 30 April she was released from Armagh on humanitarian grounds. The release was on licence and the licence was then revoked on 15 May 2011 by the then Secretary of State for Northern Ireland. An issue arose about the terms of the revocation. The Secretary of State for Northern Ireland and the Northern Ireland Office inform us that the parole commissioners considered the terms of the royal prerogative of mercy after receiving submissions on behalf of the prisoner, that the Secretary of State ruled that the life sentences were not remitted by the royal prerogative of mercy, and that the individual remained subject to the life sentence.
The prevailing policy within prisons themselves is a devolved matter which is the responsibility of the Department of Justice in Northern Ireland. The Northern Ireland Prison Service is an executive agency of the Department and the Police Service of Northern Ireland. I have received a briefing on the assessment of the parliamentary delegation which visited Maghaberry Prison. My officials are monitoring the situation closely. It is the subject of discussion between the Secretary of State and I and between officials of my Department and corresponding officials in the Northern Ireland Office. That will continue to be the case. I am very much aware of what is going on.
If people have done something wrong and have broken the law, they should of course be brought to justice and to trial. This is the opposite case where people are imprisoned for a period of years whose cases have been heard in open court. They have been found to have no case to answer and then secret evidence has been introduced behind closed doors. That is a fundamental attack on human rights and civil rights for everyone in Irish society and beyond.
We do not know that the royal pardon did not cover the sentences because the official excuse is that the pardon has gone missing. Therefore, how do we know what was specified in it?
Why does Martin Corey have to go to the Supreme Court? An open court has already said he has no case to answer. These are serious matters. It is 41 years since Bloody Sunday when people marched against internment. Now there is a new Administration and a new power structure but people are in prison who do not know the reason they are there. The Northern Ireland Minister for Justice could release those two people at the stroke of a pen. I hope that when we have next month’s ministerial Question Time, we do not have to raise the two cases in question because if Marian Price is not released soon on compassionate grounds, given her ill health, it will lead to a seriously destabilising situation in the North for the foreseeable future.
In one case, as I said, there will be a Supreme Court hearing and my information is that it is due to be held shortly. A date was set for it earlier in the month but the hearing was not held on that date. I understand a new date will be set for it shortly.
My understanding is that the parole commissioners will hear the Marian Price case in early March. Three dates have been indicated to me as to when the case will be held and it has been indicated to us that there will be a decision shortly after that. Clearly, we cannot prejudge what that decision is likely to be and I will certainly be keeping a very close watch on what is happening and my officials will be doing that on my behalf.
