Liz McManus (Wicklow, Labour)

"Extraordinary rendition" is an invented phrase used to disguise the brutal transfer of prisoners and the defamation of human rights. In its motion, the Labour Party expressly calls on the Government to recognise its legal responsibility to ensure that the national territory is not used to facilitate human rights abuses. We also call for a fully independent investigation into whether any agreement. formal or otherwise, was made between Irish and American authorities on these flights.

Ireland is one of 14 European countries named in the recent report drawn up by Dick Marty of the Council of Europe as having colluded with the CIA in the operation of secret flights delivering terrorist suspects for interrogation to places, including Afghanistan, where they may face torture. It was reported that, while not actively involved in rendition flights, many EU countries, including Ireland, "ignored them knowingly or did not want to know".

Growing concerns that Shannon Airport may have hosted, and may continue to host, CIA rendition flights carrying prisoners to countries where they could be tortured requires an urgent and thorough investigation. It is an obligation of this State to protect people from torture, not just under international law. This is a right guaranteed under the Constitution for every person in the State. The Government cannot and must not be allowed to turn a blind eye for political expediency, or in this case to remain friendly with the current US regime.

The Irish Government also has obligations under the EU Convention on Human Rights not only to ensure people are not tortured but also to ensure that allegations of torture are properly investigated. Instead, this Government has hidden behind a wilful excuse of lack of information.

The recent case where a US military prisoner was found held in chains on board a civilian aircraft that landed in Shannon Airport is a clear example of the difficulties on relying on assurances by the US that prisoners "had not been nor would be transferred through Irish territory without the express permission of the Irish authorities". That is a quote from a letter sent by the Minister of Foreign Affairs to the Secretary General of the Council of Europe on 20 February 2006.

Even though it was a civilian aircraft which was involved, the Irish Government has claimed it could not board a plane to investigate allegations of torture in this country, but this case has shown that a cleaner in Shannon Airport could do so. This Government is clearly hoping that someone else will mop up this mess. The Government has hidden behind international air law by saying it cannot board foreign state aircraft, but the Government could also make it clear that it reserves the right to protect fundamental human rights for all persons travelling through this State. It should be made clear that only planes that allow for such investigations are welcome in Irish airspace.

It is interesting to use the comparison that if Ireland were extraditing people in the same manner as the US is alleged to be rendering prisoners, it would be illegal under Irish law. At present, Ireland cannot extradite someone to a country where that person may be tortured. This includes sending someone to death row in the United States, for example. This is illegal under both the European Convention on Human Rights and the UN Convention against torture. Similarly, under Irish deportation law, Ireland cannot return someone to a country where that person may be tortured. This is under the principle of refoulement which ensures that no refugee or asylum seeker should be driven back from the country of refuge or asylum to any country where he or she is likely to face persecution or personal danger to life or security or torture. By using this analogy, another country should not be allowed to use Irish facilities to do the same such things.

The Government's choice to ignore the brutal reality of these flights has been a conscious one. The Labour Party is determined to hold the Government to account for that decision and to ensure the practice is put to an end. Reassurances, diplomatic or otherwise, do not take away from people's suspicions. People feel actions are taking place on the margins of legality and worse. Diplomatic assurances are no longer sufficient. The Government must now take proactive steps to ensure that information gathering takes place to allay fears and ensure torture and other forms of ill-treatment are not taking place during or after these flights.

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