I propose to take Questions Nos. 39 and 41 together.
As I set out in my reply to Parliamentary Questions Nos. 86 and 115 of 19 November 2013, in accordance with Article 29.3 of the Constitution, Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States. Sovereign immunity, also known as State immunity, is an established principle of customary international law and is recognised in Irish law, although there is no domestic legislation on the topic. This was acknowledged by the Supreme Court in the case of Canada v Employment Appeals Tribunal (1992). The State is required as a matter of law to respect sovereign immunity.
Sovereign immunity means that, subject to certain exceptions, states are not subject to the jurisdiction of other states. Sovereign immunity may also apply to officials – for example officials of one state visiting the territory of another state may be immune from arrest and trial. The fact that immunity applies, however, does not exempt states or their officials from their obligation to respect the law and nor does it prevent the investigation of any alleged criminal offence. Sovereign immunity is procedural only and may be waived by the state enjoying it.
As I have said on previous occasions, where allegations of extraordinary rendition through Shannon Airport have been made, including by members of the Oireachtas, these have been fully investigated by senior officers of An Garda Síochána. In no case has any evidence been adduced to support claims that extraordinary rendition had occurred. If anyone has evidence to suggest that any person subject to extraordinary rendition has transited an Irish airport, this evidence should be made available to An Garda Síochána, so that an investigation can take place.
