Dermot Ahern (Louth, Fianna Fail)

The programme for Government contains a number of commitments relating to extraordinary rendition and states unequivocally that the Government is opposed to the practice of extraordinary rendition. In particular, the programme commits the Government to encouraging and supporting An Garda Síochána in the investigation and enforcement of the Criminal Justice (United Nations Convention Against Torture) Act 2000 and the Geneva Conventions Acts 1962-1998.

Recently, a new Cabinet committee on aspects of international human rights reviewed the programme for Government commitments in this area. It agreed to examine the statutory powers available to authorised officers regarding search and inspection of aircraft, including those provided under Air Navigation and Transport Acts, in the context of the State's obligations under the Chicago Convention. The Deputy will appreciate that these Acts and the convention are not matters for which my Department is responsible.

There has been regular communication between me and my Department, acting on my behalf, and the Garda Commissioner relating to the implementation of the programme's commitment regarding extraordinary rendition. The Garda Commissioner has assured me that he has sufficient resources to implement the commitment, and that the commitment is being implemented and is kept under constant review so as to reflect best practice. In that context, the Garda Commissioner has requested the Deputy Commissioner, operations, to again review the training and search regime.

The Garda remains ready to take whatever action is open to it under the law in relation to any allegations involving extraordinary rendition. I must point out, for the sake of clarity, that we are not talking about military or State aircraft, which enjoy sovereign immunity. The Garda has no role in the inspection of such aircraft. Those powers of search which are available to the Garda at present, and which apply to aircraft as much as to any other type of private property, can only be exercised in accordance with the law, that is, where evidence is available which would justify their use. In practice, this means that the Garda must have reasonable grounds to believe an offence is being or has been committed.

The Garda has fully investigated a number of allegations of unlawful activity at Irish airports and files have been submitted to the Director of Public Prosecutions in some of these cases, although no prosecution was directed. In the other cases no evidence to substantiate the allegations was disclosed. In fact, it was established beyond all doubt that legitimate commercial cargoes and passengers were being carried by these flights.

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