Máire Hoctor (Tipperary North, Fianna Fail)

I should make it clear that the Garda Síochána has no role in the inspection of military aircraft from any country, which in any case are subject to sovereign immunity. However, the position is clear that in the case of all other aircraft registered to another State, including civil aircraft chartered by foreign Governments, whether used by foreign officials or otherwise, powers of search are available to the Garda Síochána.

Statutory powers of entry and search are bestowed upon the Garda Síochána pursuant to the Air Navigation and Transport Act 1988 and the amending Act of 1998. Other statutory powers of search and arrest bestowed upon the Garda Síochána include sections 4 and 6 of the Criminal Law Act 1997. However, these provisions do not confer a power of entry for the purpose of random or routine checking. Garda powers of search can be deployed only where there are reasonable grounds for their use, capable of withstanding scrutiny in a court of law. In much the same way that gardaí need reasonable suspicion supported by hard evidence to conduct a search of a private dwelling, so too must gardaí have similar standards of suspicion before inspecting an aircraft. The mere assertion of wrongdoing by a member of the public is clearly insufficient in this regard.

To date, where complaints of alleged unlawful activity concerning the use of Irish airports have been made to the Garda Síochána, Garda investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of any unlawful activity. One of the planes in question was subsequently found to have been transporting racehorses from Shannon to Dubai, another was privately owned and engaged on a corporate business flight.

However, where complaints are received by the Garda Síochána about individual aircraft these are investigated. Any person with credible information that Irish airports have been used for any alleged unlawful purpose should report the concerns to the Garda Síochána. It remains the case that on the basis of such reporting or any other information, where the Garda Síochána reasonably suspects that an offence is being committed, the matter will be investigated, and any such investigation may include the inspection of an aircraft, subject to national and international law.

On the wider question of the role of the Garda Síochána in the protection of human rights, I wish to highlight the centrality of human rights compliance to policing in Ireland. Section 7 of the Garda Síochána Act sets out the functions of the Garda Síochána, which include providing policing and security services with the objective of protection of life and property and of vindicating the human rights of each individual. Human rights training forms an integral part of the training at the Garda college, Templemore. New members of the Garda Síochána now make a declaration of the need to have regard for human rights in carrying out policing duties. Human rights training also forms part of the training of the Garda divisions for serving members of the Garda Síochána.

I draw the attention of the House to the commitments contained in the programme for Government in this regard. The programme includes commitments to place a renewed emphasis within the Garda Síochána on upholding the human rights standard within our society, and to ensure that all relevant legal instruments are used so that the practice of extraordinary rendition does not occur in this State in any form. As the Minister informed the House earlier this week, he has been in communication with the Garda Commissioner about the fulfilment of these commitments, particularly in the ongoing development of training programmes within the Garda Síochána. The Government will continue to ensure that its commitments in this regard are fully honoured.

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