Fergus O'Dowd (Louth, Fine Gael)

I congratulate the Deputy on his good news today. I wish him all the best in his Chairmanship.

I am taking this matter on behalf of the Tánaiste and Minister for Foreign Affairs and Trade. As the Deputy will recall, the programme for Government makes clear that the Government "will enforce the prohibition of the use of Irish air space, airports and related facilities for purposes not in line with the dictates of international law". In the House in March, the Tánaiste stated, "Shannon will not be used as a means of rendition, facilitating torture or any other activity which violates human rights".

It will be appreciated by the Deputy that responsibility for Irish air space and airports lies not with the Tánaiste, but with the Minister for Transport, Tourism and Sport. A significant level of international traffic in terms of civilian aircraft transits through this jurisdiction, particularly through Shannon Airport. This traffic is controlled, serviced and despatched in accordance with the standard practices obtaining in the civil aviation industry worldwide. The handling of this traffic also accords with the rules and practices set down by the relevant multilateral instruments governing air traffic.

Under legislation, the Garda has the authority to inspect and enter any civil aircraft on Irish territory. The great majority of US service personnel who pass through Ireland do so on chartered civilian aircraft, which are subject to the normal regulations applying to civilian aircraft, including the provisions of the Air Navigation and Transport Act 1946. In addition, if the aircraft in question are carrying arms or ammunition, such as personal service weapons, prior permission must be obtained under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989. When such permission is granted, it is a condition that the weapons must be stowed in such a way that they are not accessible to passengers while the aircraft is in flight or on the ground.

The situation regarding military aircraft is different. In accordance with the Chicago convention of 1944, which provides the basis for the regulation of international civil aviation, military aircraft are deemed to be state aircraft and are excluded from the convention's application. Accordingly, section 3 of the 1946 Act excludes state aircraft from its provisions. In accordance with international practice, military aircraft are not normally subject to search or inspection.

Under the Air Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft require the permission of the Tánaiste and Minister for Foreign Affairs and Trade to overfly or land in the State. Permission is requested by the embassy of the country concerned. When overflight or landing permission is granted to foreign military aircraft, certain conditions are normally applied, such as that the aircraft are unarmed, are not carrying arms, ammunition or explosives, are not engaged in intelligence gathering and are not taking part in military exercises or operations. Arrangements for the overflight and landing of US military aircraft have been continuously in place for more than 50 years and no changes of practice in this regard are envisaged.

Where complaints of alleged unlawful activity concerning the use of Irish airports have been made to the Garda, investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In no case has a direction to prosecute been given.

On learning of the first allegation of US involvement in extraordinary rendition, the then Government made contact with the US authorities to seek assurances that such renditions had not taken place and would not take place through Irish airports and to make clear that such activity would be illegal under Irish law. Specific and unique assurances were sought and received from the US authorities that no such prisoners had been transferred through Irish territory, nor would they be without our express permission. None of the various investigations into allegations of extraordinary rendition revealed any evidence that rendition through Irish airports had occurred, nor is there any new information or allegation linking Irish airports to extraordinary rendition.

To conclude, adequate protection for the integrity of Irish air space exists in the inspection powers available to the Garda under existing legislation and this is combined with the specific and high-level assurances received from the US on the issue of extraordinary rendition, reassurances we have no reason to question.

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