I propose to take Questions Nos. 43, 47, 66 and 118 together.
The allegation that there is or has been a network of secret prisons in Europe is a matter of very deep concern. The existence of such secret prisons would plainly be in breach of international law and of the principles upon which the EU is founded: liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. If the allegation were proven to be true, the Government would view such a development with the gravest concern.
The Washington Post journalists who broke this story declined to identify the European states that they alleged hosted these facilities. Human Rights Watch, a US based NGO, subsequently named two European states, Poland and Romania, both of which have denied any participation in this alleged network. However, on 10 December 2005, Poland announced an inquiry into the allegations.
Within the EU, the issue has been discussed at official level between the European Commission and officials in member states in Eastern Europe. The issue was also discussed informally during the General Affairs and External Relations Council on 21 November 2005. Following this meeting, the Presidency wrote to the US Secretary of State seeking clarification on the issue of secret prisons and rendition flights. Secretary Rice's reply of 7 December reiterated her widely reported statements on the matter.
I have instructed my officials to monitor closely any further developments in this area, including the outcome of any inquires by the European Commission or any other international body. The Government will, of course, co-operate fully with an investigation which has been launched by the Council of Europe, comprising a questionnaire from the Secretary General and an investigation by a rapporteur. The rapporteur, Senator Dick Marty, was appointed by the committee for legal affairs and human rights of the parliamentary assembly of the Council of Europe on 7 November 2005. He is expected to present his report to the PACE part session from 23-27 January 2006.
Separately, on 21 November, the Secretary General of the Council of Europe, Terry Davis, wrote to the Governments of all the Council of Europe member states, including Ireland, attaching a detailed questionnaire relating to this issue, asking that the completed version be returned before 21 February 2006. The Government will, of course, co-operate fully with the Secretary General's request, as I have already informed him in my initial reply on 9 December 2005. Officials in my Department will co-ordinate a response to the Secretary General, which will require input from a number of different Departments and Government bodies.
In parallel to the Secretary General's questionnaire, Senator Marty's investigation continues. Since its establishment, it has been widened beyond its original remit of examining secret prisons and will also examine rendition allegations. As with the Secretary General's questionnaire, the Government would be happy to co-operate with Senator Marty in the conduct of his investigation, although the Senator has not yet made any contact with the Government.