Joe Costello (Dublin Central, Labour)
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I welcome the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, and point out to him that this is an important matter relating to the issue of extraordinary rendition. We debated this issue last summer with regard to Senator Marty's report. The matter was subsequently further investigated and went to the European Parliament. A resolution emanated from that Parliament on 14 February.

Both the Senator Marty report and the European Parliament's resolution were highly critical of the Irish Government and the manner in which it dealt with the issues of extraordinary rendition, the transportation of detainees and the use of Irish airports by Central Intelligence Agency, CIA, operated aircraft. Senator Marty said the United States had "progressively woven a clandestine spider's web of disappearances, secret detentions and unlawful interstate transfers, spun with the collaboration or tolerance of Council of Europe members".

He went on to mention member states of the European Union, including Ireland, that could be held responsible for active or passive collusion — in the sense of having tolerated or having been negligent in fulfilling the duty to supervise — involving secret detention and unlawful interstate transfers of persons whose identity so far remains unknown. He felt Ireland in particular could be responsible, in this sense, for permitting the use of Shannon airport for the stopover of flights involving the unlawful transfer of detainees.

After the debate here last summer, the matter went before a temporary committee while it was addressed separately by the Council of Europe. A report was then sent to the European Parliament which concluded in the following terms on the subject of "the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners":

The European Parliament welcomes the testimony given to the temporary committee by the Irish Minister for Foreign Affairs on behalf of the Irish Government as well as his unequivocal criticism of the process of extraordinary rendition.

However, they noted that "he failed to answer all the questions in relation to the concerns that Irish airports may have been used by CIA aircraft travelling to or from extraordinary rendition missions, as in the case of Abu Omar".

The European Parliament thanked the Irish Human Rights Commission for its testimony and endorsement of the view which considered that "the acceptance by the Irish Government of diplomatic assurances would not fulfil Ireland's human rights obligations". The diplomatic assurances that the Minister so often quotes are not regarded as adequate by the European Parliament or the Irish Human Rights Commission.

The European Parliament made reference to human rights obligations that would oblige the Government to actively seek to prevent any actions that could in any way facilitate torture or ill-treatment in Ireland or abroad. It went on to say it regretted the decision of the Irish Government not to follow the Irish Human Rights Commission's advice in the matter. The European Parliament wrote that it noted the 147 stopovers made by CIA operated aircraft at Irish airports and expressed concern about the purpose of those flights which came from or were bound for countries linked with extraordinary rendition circuits and the transfer of detainees. They deplored the stopovers in Ireland of aircraft that had been shown to have been used by the CIA, on other occasions, for the extraordinary rendition. They go on to name and number the people taken in this fashion.

The European Parliament noted the absence of Irish parliamentary scrutiny of either Irish or foreign intelligence services and the potential for abuse that this created. They considered that, in the absence of a system of random searches, a ban should be imposed on all CIA operated aircraft landing in Ireland. They urged the Government to agree to launch a parliamentary inquiry into the use of Irish territory as part of the CIA rendition circuit.

I propose that the Government take on board the resolution passed by the European Parliament that urged it to set up a parliamentary inquiry. It could be established under the auspices of the Committee on Foreign Affairs or the Committee on European Affairs or a joint sub-committee of these committees. The inquiry would examine the circumstances I have outlined and report back to the Dáil. The House would then take action arising from the findings of the report.

The European Parliament and Council of Europe are not satisfied that all questions have been answered. It is not good enough to constantly reiterate the mantra that the Government has received categorical assurances from the highest authorities in the United States. More definite information is needed.

Conor Lenihan (Dublin South West, Fianna Fail)
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The Government has made clear on several occasions its response to the report of the European Parliament's temporary committee examining extraordinary rendition and I do not propose to repeat its response in detail. I will, however, again place on record the Government's unequivocal condemnation of extraordinary rendition, whether it emanates from friendly or hostile powers. I also repeat that we welcome certain aspects of the report, in particular its effective confirmation that prisoners were never transferred through Irish territory. This is a matter on which Ireland has received unparalleled assurances from the United States authorities, which are of a different quality and clarity from those received by most other countries. Ireland was the first country to raise this issue with the United States authorities and has taken the lead in the European Union in highlighting it.

It is a matter of serious disappointment that the temporary committee of the European Parliament squandered the opportunity to examine how to prevent, or at least deter, extraordinary rendition in future. This failure exposes some of the committee's members to the allegation that they were show-boating on the issue, rather than addressing the underlying problem.

As Dr. Maurice Manning, president of the Irish Human Rights Commission, has been reported as saying, the final report contains "a lot of political point-scoring". Such was the degree of partisanship in it, that I understand certain Irish MEPs on the TDIP committee felt they could not vote on the report.

As Deputies will be aware, extraordinary rendition in Europe has been the subject of investigations in the European Parliament and Council of Europe. The Government's policy of co-operation with these investigations is demonstrated by the fact the Minister for Foreign Affairs was one of only two Ministers for Foreign Affairs to attend a meeting of the European Parliament's committee in Brussels. At the Council of Europe, Ireland's response to a questionnaire circulated by the Secretary General was one of only nine of 46 member state responses which he adjudged to be sufficiently exhaustive as not to require further clarification. International evidence clearly shows that Ireland has been proactive and responsive on this matter.

Joe Costello (Dublin Central, Labour)
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The Minister of State must not have read the report or resolution.

Conor Lenihan (Dublin South West, Fianna Fail)
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If people want to electioneer or abuse the process by accusing the Government of being dilatory, it is not borne out by the facts.

Joe Costello (Dublin Central, Labour)
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Is the Minister of State referring to the European Parliament and Council of Europe?

Conor Lenihan (Dublin South West, Fianna Fail)
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It is a little rich to hear comment by some members of Deputy Costello's party whose record in human rights is not the best, given their previous associations with the Soviet regime, Kim Il Sung and Saddam Hussein, none of whom were exactly great pioneers in the development of human rights.

Closer to home, Seanad Éireann debated the establishment of a committee of inquiry as recently as 31 January. On that occasion and twice during the previous year Senators, having debated the issues, concluded there was a lack of evidence to justify the establishment of such a committee and rejected a motion similar in content to the Deputy's proposal. The subject has also been thoroughly examined in this House in debates and through parliamentary questions and last summer Dáil Éireann voted to endorse the Government's policy in this area.

These investigations have raised a number of questions which require to be addressed. Domestically, the Department of Foreign Affairs continues to engage with the Irish Human Rights Commission on issues relating to our obligations under international law, on which there is a clear difference of opinion. In this context, I am pleased to report that the IHRC has accepted an invitation from the Department to continue this dialogue and a date has been set for a meeting.

Joe Costello (Dublin Central, Labour)
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That is a red herring.

Conor Lenihan (Dublin South West, Fianna Fail)
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In following up on the concerns raised by the Minister for Foreign Affairs, Deputy Dermot Ahern, about the regulation of international civil aviation, last week Ireland's Permanent Representative to the European Union raised with colleagues the need for the EU to consider what action it might take in this area. Separately, officials from the Departments of Foreign Affairs and Transport will travel to Switzerland in March to discuss issues relating to transiting aircraft with other states in Ireland's International Civil Aviation Organisation grouping.

Against this background of early and transparent action by the Government, extensive international inquiries and consistent Oireachtas involvement, there is no basis for believing the establishment of a committee, as proposed by the Deputy, would achieve anything.

Joe Costello (Dublin Central, Labour)
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The establishment of an inquiry has also been proposed by the European Parliament.

Conor Lenihan (Dublin South West, Fianna Fail)
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I oppose this motion as it constitutes further show-boating on this matter by the Labour Party, some of whose stellar and leading members have human rights records which are not as pure as driven snow given their associations with the Soviet Union, North Korea and the former leader of Iraq.

Joe Costello (Dublin Central, Labour)
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This is the most despicable reply I have received since my election to the House. Nothing in it relates to the European Parliament's report.