Finian McGrath (Dublin North Central, Independent)
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Question 3: To ask the Minister for Foreign Affairs if he will highlight the nature of terrorist groups based in and around Miami, Florida, which have been involved in terrorist actions against Cuba, whose actions have led to the deaths of almost 3,500 people, including tourists, the maiming of over 2,000 in the past 47 years and outrages that have included the first mid-air bombing of a civilian aircraft in history; and if he will raise these issues at UN and EU levels. [4447/07]

Dermot Ahern (Louth, Fianna Fail)
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Ireland, along with its EU partners, condemns all acts of terrorism, regardless of their target or motivation. Terrorism can never be justified by any cause, reason or ideology. It places the lives of innocent people at risk and undermines tolerance, openness and respect for fundamental freedoms in society.

With regard to the general thrust of the Deputy's question, and as I have made clear in my replies to his many previous parliamentary questions on this matter, I am not in a position to comment in any substantive way due to the imprecise nature of the allegations. However, with regard to the mid-air bombing of a civilian aircraft, I assume the Deputy is referring to the 1976 bombing of Cubana Airlines flight 455, in which all 73 people on board died. Two individuals, Mr. Orlando Bosch and a Mr. Luis Posada Carriles, were detained and charged in Caracas with the bombing of flight 455 in 1976. Neither was convicted. Mr. Carriles escaped detention in 1985, while Mr. Bosch was released two years later.

Since May 2005, Mr. Carriles has been detained in US custody, charged with illegally entering US territory. The US Government has decided not to grant the extradition requests for Mr. Carriles submitted by the Venezuelan and Cuban authorities. It is my understanding that this decision was based on the principle of non-refoulement. This principle, which is contained in article 3.1 of the United Nations Convention against Torture, requires states not to expel, return or extradite persons to another state where there are substantial grounds for believing they would be in danger of being subjected to torture.

These cases are legal, bilateral matters between the countries concerned and are not cases on which it would be appropriate for the Government to take a position. Consequently, I do not intend to raise these cases at UN or EU level.

The overriding objective of Ireland and our EU partners in our relations with Cuba is to encourage a process of transition to pluralist democracy and respect for human rights and fundamental freedoms, as set out in the European Union's 1996 common position on Cuba. The validity of the 1996 common position was reaffirmed by the General Affairs and External Relations Council on 12 June 2006.

The European Union believes that critical engagement with the Cuban Government, alongside dialogue with wider Cuban civil society, is the most effective way to promote peaceful change in Cuba. The European Union has emphasised its willingness to co-operate with Cuba on the basis of a dialogue with the Cuban Government and Cuban civil society, as soon as the Cuban Government shows the political will to engage in a dialogue aimed at tangible results, especially in the field of human rights and political freedom, the restriction of which remains a matter of deep concern to us in Ireland and in the EU generally. In this regard, I again urge the Cuban Government to release all prisoners of conscience and to respect internationally acknowledged principles and practices.

Finian McGrath (Dublin North Central, Independent)
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I am absolutely appalled by the Minister's response. Cuba is a small island nation like ours, sitting beside a major international power. For over 47 years, Cuba has suffered and over 2,000 people have been killed in terrorist attacks. A further 3,500 have been maimed and injured, including tourists, and a civilian aircraft carrying Cuban citizens was bombed. It is not good enough for the Minister, or for Ireland, an independent, neutral country, not to have a strong voice on this issue, particularly as this is a small island nation. May I also say——

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy should put a question.

Conor Lenihan (Dublin South West, Fianna Fail)
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They are getting like Fidel.

Finian McGrath (Dublin North Central, Independent)
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I am so annoyed at the response that I had to make a statement on that aspect of the issue. Does the Minister share my abhorrence at the hypocrisy of the US authorities when they lecture the world about terrorism yet have nothing to say about the 2,000 people killed and the 3,500 people maimed by terrorists based in Miami, Florida? Will the Minister call on the US Government to investigate the terrorist activities of groups infiltrated by the five Cubans known as the Miami Five with a view to ensuring there will be no repeat of these actions?

Does the Minister agree with Amnesty International that the denial of family visits is a form of torture? Will he call on the US authorities to permit Olga Salaneuva and Adriana Perez O'Connor to visit their respective husbands, Rene Gonzalez and Gerardo Hernandez, who are both incarcerated in the USA? Does the Minister consider this a bilateral issue beyond his competence to address? Why was his predecessor willing to comment on another bilateral matter when 75 so-called dissidents were arrested for mercenary activities in Cuba? This is not about politics. It is a simple matter of the denial of the human rights of five prisoners. Can the Minister not bring himself to acknowledge the injustice involved and call for the wives to have permission to visit their husbands?

In May 2005, the United Nations Working Group on Arbitrary Detention issued an opinion finding that the USA had failed to guarantee the Cuban Five a fair trial. I call on the Minister for Foreign Affairs to support the UN working group on this issue. I urge the Minister and the Minister of State, Deputy Conor Lenihan, to raise this case, about which many people have major concerns. The Minister and the Minister of State should support the Miami Five campaign in Ireland. We are joined in Leinster House today by Eleanor Lanigan and Simon McGuinness, who are very active on human rights issues. I ask the Minister to assert Ireland's authority as an independent, neutral country and campaign for the human and civil rights of these five people.

Dermot Ahern (Louth, Fianna Fail)
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With regard to the question of unfair detention to which the Deputy refers, in a report of 2005 the United Nations Working Group on Arbitrary Detention stated that its determination does not imply consideration regarding the innocence or guilt of the concerned persons and that the working group does not substitute itself for the domestic courts. It is my understanding that a number of appeals have been lodged on behalf of the defendants and these remain under active judicial review within the framework of US domestic law.

Of course we condemn all abuses of human rights but it is fair to say that the Cuban regime has left much to be desired in regard to the issue of human rights over the past 50 years or so. This is one of the reasons the EU, as far back as 1996, adopted a common position in this regard.

Finian McGrath (Dublin North Central, Independent)
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The US has not done so.

Dermot Ahern (Louth, Fianna Fail)
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We are willing to act in a balanced way. It is not all "Cuban, good; US, bad". Let us be fair. On a case by case basis, there must be a clear raising of issues.

We do not have any standing in this matter. It is a bilateral issue between the US and Cuba. However, through the various instruments at our disposal as a small island nation within the EU, we raise issues of human rights abuses, whether they occur in the US or Cuba. Over the years we have voted at the UN Assembly against the US embargo of Cuba.

Finian McGrath (Dublin North Central, Independent)
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Rightly so.

Dermot Ahern (Louth, Fianna Fail)
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We are prepared to stand up with regard to the effect on the general community. The Cuban position on human rights must be put right. Thankfully, some more reasonable soundings are coming from the replacement, for the time being at least, of the President of Cuba. Perhaps there will be more opportunity for the international community and the US to liaise with the Cuban Government in that respect. It remains to be seen.

Finian McGrath (Dublin North Central, Independent)
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I visited Cuba, where I met the Vice President. There is a major interest there in dialogue with the rest of the world. There seems to be a fudge by the Minister with regard to the 2,000 people killed and the 3,500 injured over 47 years. This is the core issue. A small country is being attacked by groups based in Miami and we have nothing to say about it. That is unacceptable.

When we go on to the international stage, both at EU and UN level, we must highlight this fact and the case of the five people involved. In Cuba they are treated like the Birmingham Six. When one goes into pubs, restaurants and hotels, one will see pictures of the Miami Five on every wall. This is a major international human rights issue and the Minister should do his best to address it.

Dermot Ahern (Louth, Fianna Fail)
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I do not want in any way to imply that we do not have sympathy for anyone who is incarcerated. That applies equally to those incarcerated in Guantanamo and prisoners of conscience held by the Cuban authorities. However, we have no standing with regard to the case referred to by the Deputy. As I said, I do not propose to raise the issue at EU or UN level.