Michael D Higgins (Galway West, Labour)

We are not in a position to say that we are not involved in the process because we have chosen not to know. Again, I speak about a matter of fact. The Chicago Convention, which governs the international passage of civilian aircraft, is very clear. It does not prohibit us from examining any aeroplanes. The Air Navigation and Transport Act 1988, the Air Navigation and Transport (Amendment) Act 1998 and Article 49 of that convention allow us to inspect aeroplanes.

I did not have an opportunity to reply to the scurrilous remarks of the Minister for Foreign Affairs last night when he referred to my time as a Minister. He stated: "There is no legal bar to the search of civilian aircraft of the type allegedly involved." That is correct, but it is not what two senior gardaí told Senator Norris and me on 25 January. They took refuge in the fact that the Criminal Justice (United Nations Convention Against Torture) Act 2000, in incorporating the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, had not given a right of entry, search and arrest. I do not say they were correct; I say that is what they told us. It appears that nobody can give clear instructions to the Garda. Neither the Minister for Justice, Equality and Law Reform, the Minister for Foreign Affairs, nor the Minister for Transport has established how the Garda is to act.

The Minister for Foreign Affairs also stated:

With regard to Deputy Michael D. Higgins's remark that the Government has not sent in the gardaí, he has a somewhat twisted view of the power of the Government. Perhaps it was the case that when he was a Minister he could send gardaí hither and thither[.]

That is a shameful remark. I never abused the Garda while I was a Minister——

See this speech in context