Dáil Éireann Debate, Thursday - 13 November 2008
10 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if he will introduce legislative provisions to give the Garda powers to search aircraft using Irish airports to determine whether the planes may be used for the practice known as extraordinary rendition; and if he will make a statement on the matter. [40195/08]
View answerThe programme for Government contains a number of commitments relating to extraordinary rendition and states unequivocally that the Government is opposed to the practice of extraordinary rendition. In particular, the programme commits the Government to encouraging and supporting An Garda Síochána in the investigation and enforcement of the Criminal Justice (United Nations Convention Against Torture) Act 2000 and the Geneva Conventions Acts 1962-1998.
Recently, a new Cabinet committee on aspects of international human rights reviewed the programme for Government commitments in this area. It agreed to examine the statutory powers available to authorised officers regarding search and inspection of aircraft, including those provided under Air Navigation and Transport Acts, in the context of the State's obligations under the Chicago Convention. The Deputy will appreciate that these Acts and the convention are not matters for which my Department is responsible.
There has been regular communication between me and my Department, acting on my behalf, and the Garda Commissioner relating to the implementation of the programme's commitment regarding extraordinary rendition. The Garda Commissioner has assured me that he has sufficient resources to implement the commitment, and that the commitment is being implemented and is kept under constant review so as to reflect best practice. In that context, the Garda Commissioner has requested the Deputy Commissioner, operations, to again review the training and search regime.
The Garda remains ready to take whatever action is open to it under the law in relation to any allegations involving extraordinary rendition. I must point out, for the sake of clarity, that we are not talking about military or State aircraft, which enjoy sovereign immunity. The Garda has no role in the inspection of such aircraft. Those powers of search which are available to the Garda at present, and which apply to aircraft as much as to any other type of private property, can only be exercised in accordance with the law, that is, where evidence is available which would justify their use. In practice, this means that the Garda must have reasonable grounds to believe an offence is being or has been committed.
The Garda has fully investigated a number of allegations of unlawful activity at Irish airports and files have been submitted to the Director of Public Prosecutions in some of these cases, although no prosecution was directed. In the other cases no evidence to substantiate the allegations was disclosed. In fact, it was established beyond all doubt that legitimate commercial cargoes and passengers were being carried by these flights.
I refer the Minister to a statement from Deputy Ciarán Cuffe of the Green Party, in which he said that this change of policy represents a sea change in the Government's approach. I listened carefully to the Minister's reply but it was hard going. Why is Deputy Cuffe so excited? What does this mean? Will there be random searches and inspections of the aircraft concerned? Is that what the policy means?
I cannot answer for Deputy Cuffe.
The Minister can answer for the Government.
The Deputy should ask Deputy Cuffe about what he had to say on this issue. There is a commitment in the programme for Government with regard to training the Garda Síochána, and I have raised it with the Garda Commissioner on a number of occasions. At the newly formed Cabinet committee it was agreed that we would re-examine the legislation, particularly the air navigation Acts and the Chicago Convention. When I was Minister for Foreign Affairs I raised the issue of the Chicago Convention. I maintained, and I said it to the US Ambassador at the time, that in the context of al-Qaeda it is in the interests of nation states, particularly the US, that the meagre information that is made available under the Chicago Convention of 1944 should be reviewed. Given the rapid increase in the use of private aircraft across Europe and the world, and indeed Ireland, there should be more information.
With regard to a change of policy on the powers of the gardaí or any other officer other than those officers prescribed by law — a number of designated authorised officers can board airplanes to inspect them for safety under air navigation legislation — the gardaí can board airplanes under the same conditions as they can go into the Deputy's house or mine, that is, they must have a reasonable suspicion that a crime is being committed or they must have a search warrant. There is no change in that respect. However, we are examining possible changes in the air navigation Acts to widen the scope of the type of examinations authorised officers can make.
To summarise, nothing has changed. As far as the random search and inspection of traffic through Shannon Airport in respect of the possibility of extraordinary rendition is concerned, nothing has changed. However, the Government is examining changing the air navigation Acts, perhaps. Is that the position?
The Deputy referred to random checks. The Garda cannot check any property, and if it did, it could leave itself open to a claim for damages from the property owner. The Garda can only search a property if it can establish a reasonable suspicion that a crime has been committed, or if there is a bench warrant.
Powers are granted to authorised officers under the Air Navigation Acts to board airplanes for specific purposes relating to examination and security. Under the Chicago Convention, airplanes are entitled to enter and leave countries and this right cannot be refused. We are examining the legislation in the context of the Chicago Convention.
The Minister stated it was beyond reasonable doubt that the cargo was legitimate. How can he assert this given that the flights passed through Ireland long before the Garda investigation took place? There could not have been a proper investigation.
On a related matter, is the Minister aware of a campaign to have Ireland accept a prisoner or prisoners from Guantanamo Bay?
That is beyond the scope of the question.
It is related to extraordinary rendition and there is a possibility that some of these people previously came through Ireland.
I am sure that would be worthy of a question in its own right.
That may well be the case. Will the Minister encourage the USA to allow some of these people, who have been cleared of any wrong doing, to come to Ireland or Europe given they cannot return to their native countries because of the risks involved?
What was the first question?
How can the Minister state it was beyond a reasonable doubt that the cargo was legitimate, given that it was not possible to investigate the matter?
Ultimately, it is a matter for the Garda and the DPP to decide what constitutes a reasonable doubt and whether a crime was committed. Any claim must then stand up in court. To be fair to Deputy Cuffe and others, it is suggested there have been incidents involving several notorious planes which have travelled across the world. There may be some scope in future — I say this by way of suggestion, I am not trying to tell the Garda what to do — if one of these famous planes were to land at Shannon or any other airport in the country, for the Garda to ascertain whether a crime was committed, given that airplane's history. However, we identified that a small number of these notorious planes landed at Shannon during my time as Minister for Foreign Affairs. On one occasion I was informed that one of these planes had landed at Shannon, but upon investigation, we found the plane was taking three or four golfers around Ireland and was travelling from Shannon to Sligo, Belfast and elsewhere. In the case of another so-called rendition flight, it was revealed following investigation that the plane had a cargo of racehorses on board.
The remarks about golfers and racehorses are very interesting.
It is a fact.
That will not bring much comfort to Deputy Cuffe and the Green Party. I revert to what I suspect Deputy Cuffe is interested in, that is, whether there will be any change to the practice at Shannon Airport. Do I correctly summarise the Minister by saying there has been no change, but there might be a change in the future, and that such a change will only occur if the Air Navigation Acts are amended? When will the Cabinet subcommittee conclude its consideration of the issue? Is there a deadline, or is it cruelly misleading the Green Party into believing it has had an impact on changing the practice at Shannon? I do not know why the question is so difficult to answer.
I will answer by stating exactly the decision of the subcommittee. The matter is ongoing. The subcommittee granted the Minister for Foreign Affairs the authority to contact the new administration, as I did several years ago when I held that portfolio. I was the first Minister in the European Union to call for the closure of Guantanamo Bay. I was the first Minister to demand from the USA administration that Ireland should not be used for rendition and I received guarantees to that effect before any other member state of the European Union.
It was agreed by the subcommittee that the Minister for Foreign Affairs will contact the new administration to seek a clear statement that extraordinary rendition will cease and would not resume during the new US presidential term, that the detention facility at Guantanamo Bay would close and that intensive interrogation techniques such as water-boarding, which is considered by international agreement to constitute torture, would be clearly prohibited. The subcommittee further agreed to strengthen as necessary the legislative provisions and review the statutory powers available to civil and police authorities in the jurisdiction allowing search and inspection of aircraft, including those provided under the Air Navigation and Transport Acts in the context of the obligations on the State under the Chicago Convention. The subcommittee also agreed that the Minister for Justice, Equality and Law Reform would make a statement setting out the steps to give effect to human rights training in the Garda Síochána as agreed in the programme for Government and the powers, resources and duties of the Garda Síochána for inspection of aircraft.
Written Answers follow Adjournment Debate.
