Noel Treacy (Galway East, Fianna Fail)

I refer the Deputy to the statement by the Minister for Foreign Affairs to Dáil Éireann on 13 June, in which he addressed the question of aircraft inspection comprehensively. As was pointed out in his statement, we were the first Government, when rumours of extraordinary rendition emerged, to raise with the US authorities our concerns about the matter. We were also the first Government to demand assurances that our territory would not be used for such purposes.

The Minister was the first to raise this issue among EU colleagues in advance of Secretary of State Rice's visit to Europe during the British Presidency, following which, at the Minister's suggestion, the Presidency wrote to Secretary of State Rice on the matter. To speak of a failure to act, which is the essence of the charge on positive compliance, against such a background of proactive intervention, is not reasonable. As we have also repeatedly made clear, the Garda Síochána has the powers it needs to investigate all allegations of illegal activity. In addition, there is no legal bar to the search of civilian aircraft of the type allegedly involved where there is a basis for doing so.

I also remind Deputies that to engage in the search and inspection of aircraft without any basis for doing so would be to set aside categorical, specific assurances which we, unlike almost every other state in Europe, have received from the US authorities, that in the context of extraordinary rendition, prisoners have not been transferred through Irish territory, nor would they be, without our permission. These assurances have been confirmed by the US Secretary of State, Condoleezza Rice. No other state in Europe, to the best of my knowledge, has this combination of clear, categorical assurances and confirmation from the highest levels of the US Government.

It remains the Government's position, therefore, that our obligations under international law are being fulfilled. I want yet again to stress that if we had reason to believe the US was in breach of its undertakings to us in the matter of extraordinary rendition, we would respond immediately. We are also open to examining, in consultation with partners, any practicable and specific proposals that may be made in consequence of the current Council of Europe and European Parliament processes.

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