Michael D Higgins (Galway West, Labour)

I thank the Ceann Comhairle for the opportunity of raising this urgent matter. It had been our understanding that with the change of Government would come an interest in implementing the capacity of the Government through, for example, the civil aviation Acts of 1978 or 1987, to achieve inspections of planes that had a record of participation in extraordinary rendition.

I raise this because of some recent events in Shannon Airport. A complaint was made to the Garda Síochána by Mr. Edward Horgan and that statement, which was recorded on 30 October 2007, has drawn the following reply of 1 November:

Dear Mr. Horgan,

I refer to the Statement you made at Shannon Garda Station on October 30th, 2007 to Garda Edward Henderson.

I wish to inform you that the Gardaí will not be taking any action on the information contained in your Statement.

Mr. Horgan was referring to the arrival in Shannon of Gulfstream VI aircraft registration No. N475LC. This aircraft, along with another, has the highest record of participation in extraordinary rendition flights, as established without doubt by the European Parliament and other European agencies. The other aircraft is No. N478GS. Between the two, they made 76 rendition flights. Anybody who has seen the conditions that prevail at Guantanamo Bay at present will know the consequences or end point of extraordinary and illegal rendition.

I do not have time to say more than this. I believe the members of Government and ourselves are opposed to extraordinary rendition, as are the Irish public. However, the Irish Human Rights Commission and several other bodies are totally dissatisfied that while we have the capacity to search aircraft under the legislation I mentioned, we resolutely refuse to do so. This is not to give sufficient compliance with the United Nations Convention Against Torture. Every legal opinion offered on the anti-torture convention suggests that compliance requires being able to say that you are certain you have not participated, even indirectly.

This plane arrived in Shannon. In plenty of time Mr. Horgan approached Garda Pat Harte and Garda Fitzgerald. As the conversations developed Garda Fitzgerald said to Mr. Horgan that they had instructions from the Attorney General not to inspect such planes. I place this statement on the record of the Dáil. It requires an answer. If such an instruction was given in this, or any, instance, it would be an outrageous breach of international law. It would be an incredible reflection on this country, apart altogether from the substance of what is going on.

I understood that when the Green Party, for example, was deciding to participate in the Government, it had at least secured some form of commitment to inspection. I have the greatest respect for the Minister of State, Deputy Carey, but this is such a flagrant departure from what is required in international law. This is a view that is not mine only but is shared by Dr. Maurice Manning, the Irish Human Rights Commission and nearly every legal expert I know.

Is it a fact that gardaí have been issued an instruction not to inspect planes? Why are planes not being inspected? Why are planes with a demonstrated unequivocal record of participation in illegality able to put down in Shannon and take off again without being inspected, and all on the basis that we have been given a special assurance by a friendly nation? It is not the action of a friendly nation to put another country into such a position that it is not able to say to the international community that it is in full and clear compliance with the anti-torture convention. While we go on like this we are allowing our commitment to that convention, perhaps the most important in international law, to be called into question.

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