Tim O'Malley (Limerick East, Progressive Democrats)

I will speak for approximately ten minutes. The other Deputies will speak for approximately five minutes each and the Minister for Transport, Deputy Cullen, will conclude.

I welcome the opportunity to open the second night of debate on this motion. Although yesterday evening's debate was characterised by some heated exchanges, I am encouraged by an emerging consensus that evidence, expert opinion and common sense do not support the suggestion that any prisoner has ever been brought through Irish territory as part of an extraordinary rendition operation.

The debate, it seems, is rather about the best method of ensuring that Ireland's obligations under international law are fulfilled. Some of those on the opposite side of the House have argued this should be done by searching aircraft randomly. As my colleague, the Minister for Foreign Affairs, outlined cogently yesterday evening however, despite the cosmetic attractiveness of such a course of action, its efficacy at preventing this sort of action is deeply flawed. It could not be said, in any meaningful sense, to fulfil the Government's positive obligations under international law. I will come back to this point later in my speech, but I will first reinforce a point made last night about the assurances Ireland has received from the US authorities in this area.

The assurances that Ireland has received from the US authorities in the area of extraordinary rendition lie at the heart of the Government's policy in respect of extraordinary rendition, and with good reason. Ireland is in the fortunate position, partly because of the urgency it attached to the matter, of having obtained assurances from the US authorities that are unparalleled, both in terms of their content and the level at which they have been confirmed. It is not possible to conduct a debate on this matter without acknowledging that fact, and those who attempt to group Ireland with other countries in Europe without giving due weight to this fact, as I am sorry to report that Senator Marty appears to have done, undermine public confidence in the comprehensiveness and credibility of their investigations.

The Government has made it clear from the very beginning that it will co-operate fully with the Council of Europe and the European Parliament in their investigations into this matter. In particular, we were pleased to have an opportunity to set out in great detail our approach to these matters for the Secretary General of the Council of Europe, Mr Terry Davis. Copies of this document were, of course, distributed to all Deputies. At no stage did the Secretary General indicate that he took issue with Ireland's approach. Senator Marty, on the other hand, conducted his investigation without once contacting the Irish Government. As a result, we feel his remarks about Ireland were based on an incomplete understanding of the facts of the Irish case.

The contrasting approaches of the Secretary General and Senator Marty — of engagement on the one hand and isolation on the other — underline the value of our policy of engagement with the United States on this issue. Through this policy we have a channel to express our concern in a number of different frameworks and to ensure that our concerns are met in respect of this matter. This type of approach — engagement rather than confrontation — creates an atmosphere in which concerns can be raised openly, and incidents, such as the inadvertent transfer of a US marine through Shannon last weekend, can be discussed frankly, to ensure the appropriate remedial steps can be taken. It is also, as I have already stated, the best way of ensuring the fulfilment of our positive obligations under international law in respect of this matter.

Some of yesterday's speakers argued strongly in favour of searching aircraft to ensure they are not carrying, and have not carried, prisoners. However, it is clear from what was said yesterday, and from a number of international reports, that the aircraft that are alleged to have been involved in this activity are identified months, at the very earliest, after they land. Furthermore, civilian aircraft of the type in question are not under international law required, as the Minister for Transport has explained to the House on several occasions, to apply for permission to land. This means that a transited State such as Ireland may have very little notice of the arrival of such aircraft. In this context, a regime of random search and inspection would clearly be of very limited value in achieving the desired goal, and questions would rightly be raised about its efficacy in meeting a State's positive obligations. Moreover, given that at most the allegations are that such aircraft passed empty through Ireland, it is impossible to see how, even if such aircraft were to be identified and searched, the outcome of such searches would shed any particular light on the matter.

It is the Government's firmly held view that our positive obligations in this area are best met by our approach of having obtained at the earliest opportunity clear, unqualified assurances from the US authorities. These assurances have since been confirmed by the Secretary of State of the US, Condoleezza Rice. This twin package of specific, bilateral assurances, combined with confirmation from the highest levels of the US Government, fulfils in the most effective manner the Government's positive obligations in this area. To the best of my knowledge, no other State is in the fortunate position of having its assurances confirmed in this manner.

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