Michael D Higgins (Galway West, Labour)

I thank all the Deputies who contributed to this debate. I will begin by referring to the speech of the Minister for Foreign Affairs, Deputy Dermot Ahern. Half his speech last night concentrated on recent events in Shannon Airport that were not germane to the main business of this motion. The event that took place at Shannon Airport involving a US marine who was in transit from Iraq to the United States is relevant to what I have to say only to correct the Minister for Foreign Affairs on a misleading matter to which he referred.

In the Article 52 questionnaire which the Government returned to the Secretary General of the Council of Europe, it was stated that there are only two grounds on which a prisoner can be transferred: extradition and an interstate transfer. This was stated unequivocally in the questionnaire that was returned to the Secretary General, Mr. Terry Davis, yet last night the Minister stated that what was wrong about Sunday's event was that permission had not been secured from the Minister.

The marine in question was always in the custody of the United States. It was not an interstate transfer, nor was it an extradition, but I do not have the time to waste on this matter except to suggest that whoever advised the Minister is making it up as they go along. They were either right last night or they were right when they submitted the questionnaire to the Council of Europe. They cannot have it both ways. It is simply wrong. It was not an interstate transfer, nor was it an extradition.

The nub of this matter is that we are asked to make a choice in a robust identification with the principles of international law, specifically two fundamentals in it: the prohibition against torture contained in the United Nations convention and Article 3 of the European Convention on Human Rights. That article, which is known as jus cogens, is part of those rocks of law and all the Community that subscribe to it and ratify it undertake not to participate in acts that are forbidden and to ensure they never take place anywhere.

I need not delay on matters on which there is no disagreement. In our motion, we did not accuse the Government of being involved in torture or of being involved in extraordinary rendition. However, I wish to place firmly on the record and to correct again the Minister's speech. We are not part of any consensus that something has been agreed to the effect that Ireland is innocent.

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