Dáil Éireann Debate, Wednesday - 12 November 2008
91 Deputy Charles Flanagan asked the Minister for Transport the expected role his Department will have in ensuring that gardaí and airport authorities have adequate legal powers for search and inspection of aircraft at Shannon and other airports; and if he will make a statement on the matter. [39940/08]
Amharc ar fhreagra145 Deputy Terence Flanagan asked the Minister for Transport if he will strengthen provisions of the Air Navigation and Transport Acts in dealing with increased powers for search and inspection of aircraft; and if he will make a statement on the matter. [39942/08]
Amharc ar fhreagraI propose to take Questions Nos. 91 and 145 together.
As the Deputy will be aware, the Government recently established a Cabinet committee on aspects of international human rights. At the first meeting of the Cabinet committee, it was agreed that the statutory powers available to the civil authorities and to An Garda Síochána regarding the search and inspection of aircraft, including those under the Air Navigation and Transport Acts, would be reviewed in the context of the obligations on the State under the Chicago Convention, which governs international civil air transport. The purpose of this examination is to determine how the current statutory provisions could be strengthened or amended in the context of our agreed international commitments under the Chicago Convention. The review is being undertaken by the Attorney General's office in conjunction with the relevant officials and the outcome will be considered by the Cabinet committee in due course.
The issues that brought this matter to our attention were the problems at Guantanamo Bay, the American wars in Iraq and Afghanistan and the question of extraordinary rendition. Does the Minister agree that the quicker that review is done, the better? We have been told that Shannon Airport has been used by certain aeroplanes which may have been involved in extraordinary rendition in other countries. If the people who own those planes are aware that we may search them if they land, it will make it much more likely that extraordinary rendition will not take place, if it ever did, through our country. It would also defend our human rights in that regard by standing up to ensure, in as much as we possibly can, that it does not happen here.
I agree with the Deputy that these matters should be dealt with as quickly as possible. I note he accepts that the Government is, and always has been, completely opposed to the practice of extraordinary rendition.
Absolutely.
We need to say that all sides of the House are so opposed. There should be no undue delay in reviewing all the relevant legislation. However, gardaí must always be mindful that they have to form reasonable opinions that something illegal is going on. The fact that a plane might at some stage have been involved in extraordinary rendition in some other country is, of itself, not enough in current circumstances for gardaí to board and inspect an aircraft. It is important, therefore, to review all of that, including how the law can be strengthened. Together with my colleagues, the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, the Minister for Foreign Affairs, Deputy Martin, and the Minister for the Environment, Heritage and Local Government, Deputy Gormley, I am anxious to clarify this matter and strengthen the legislation as quickly as possible.
My colleague, Deputy Michael D. Higgins, is to publish an air transport navigation Bill, which would give the authorities the necessary legislation to which the Minister has referred. Would the Minister be interested in supporting the Labour Party's Bill on the inspection of aircraft coming through Shannon and other airports?
I wish to raise a related matter, which is the massive seizure of cocaine off our coast last week. Has there been any review of security and customs arrangements at private airports? The Maynooth community residents' association wrote to the Minister recently asking him if regular inspections of flights were being carried out at Weston airport. When a tragedy happened a few weeks ago, we became aware for the first time of a little airstrip outside Athy at Kilrush. Are private aircraft at airfields, such as Kilrush and Weston, currently being inspected? Does the Minister intend to undertake any review of this area? My colleague, Deputy Joan Burton, and I were promised something like this about a year and a half ago, but we still have not got it.
I am sure the Deputy would not expect me to suggest I would support a Labour Party Bill without having sight of the Bill. That would not be good practice.
I will send the Minister a copy.
I respectfully suggest that when Deputy Michael D. Higgins is drafting that Bill that he remind himself we must operate under the Chicago Convention which means any legislation in this area——
It is all covered; he is a good legislator.
——would have to comply with it. There is not much point in producing legislation that ignores international treaties. I am not for one minute saying that the Deputy would do that.
The review of security and customs and excise at airports is a matter in the first instance for either the Minister for Finance or the Minister for Justice, Equality and Law Reform. I understand there is a constant review of the adequacy of security at airports. The IAA also has a function. I believe airstrips are subject to IAA inspection rather than Customs and Excise inspection.
I refer to flights which may have been used for extraordinary rendition and whether the Garda Síochána can inspect such flights. The Department of Transport has the power to refuse permission for a plane to land. Will the Minister consider the reasons for refusing permission to land in light of this issue? Of the thousands of flights which have sought permission to land only five have been refused permission in the past number of years and one reason for a refusal is when it is believed that certain munitions are being carried. Will the Minister include extraordinary rendition as a reason for a refusal to land considering only a small number of planes may be involved and this may be another way of dealing with the issue?
This will certainly be considered as part of the review.
It is hardly worth starting on another question in the two minutes remaining.
I disagree. I wish to hear the Minister's reply.
Very well. I call the Minister to reply to Question No. 92 and perhaps he might offer a précis of his answer.
