Joe Costello (Dublin Central, Labour)
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The failure of Ireland to provide an inspection regime for military aircraft using Irish airspace has led to our being found wanting in the eyes of the international community. In its annual report published this week, Amnesty International has criticised Ireland for its failure to provide an inspection regime. It states that specific aircraft, known to have been used by the CIA for extraordinary rendition, have transited Ireland, primarily through Shannon Airport. It also states that aircraft en route or returning from rendition missions have transited through the airport. These aircraft have apparently breached Irish and international law since they sought and obtained automatic clearance under rules governing civilian aircraft, even though they were performing US state functions and should have presented themselves as state aircraft.

This serious allegation by Amnesty International claims that Ireland has been involved in a breach of international law, as it claims that aircraft have transited through Irish airspace in an illegal fashion. It follows two Council of Europe reports, a European Parliament report and a report by the Irish Human Rights Commission, which all express grave concern about the use of Irish airspace by CIA aircraft in its transport of prisoners to Guantanamo Bay and other centres of detention and torture in the practice of extraordinary rendition.

It is time for the Government to reconsider its policy of non-inspection of such aircraft, a policy which claims as its basis that no other European country has such an inspection regime. It is not good enough to hide behind that. We are a neutral country and we should lead the way on this, just as we are leading the way by hosting a highly successful international conference in Croke Park to rid the world of cluster bombs.

In its comprehensive report, Amnesty International recommends that the Government should establish an Oireachtas committee to inquire into the allegations of extraordinary rendition through Irish airspace. A similar recommendation was made by the Council of Europe in two reports over the past two years. I fully agree with the Council of Europe and with Amnesty International. The committee could invite submissions from other states, where similar allegations have been made. It should review our own laws and procedures in granting overflight or landing clearances to foreign aircraft, both civilian and state. It should make solid recommendations for reform, which when implemented would remove the current allegations and suspicions that besmirch Ireland's good standing with the international community in the field of human rights.

Máire Hoctor (Tipperary North, Fianna Fail)
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The Deputy has raised a number of wider issues on extraordinary rendition which have been dealt with on a number of occasions on the floor and in committees of this House. As recently as yesterday, the Taoiseach reiterated to the House our unequivocal opposition to the practice of extraordinary rendition. The Taoiseach went on to state that none of the various investigations into allegations of extraordinary rendition, whether by the European Parliament or the Council of Europe, has revealed any evidence, or even a single concrete or credible allegation, that any person has been subject to extraordinary rendition through Ireland. He made it clear that no other state has adopted the inspection measures of the type which some have recommended.

As I am responding to this matter on behalf of the Minister for Justice, Equality and Law Reform, I intend to confine myself in my reply to the only potentially relevant matter for which he has responsibility to the House, the role of the Garda Síochána.

Joe Costello (Dublin Central, Labour)
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On a point of information, the question was addressed to the Government, not the Minister for Justice, Equality and Law Reform so the Minister of State, Deputy Hoctor, cannot reply exclusively on his behalf. This is a Government matter that covers a number of Departments.

Máire Hoctor (Tipperary North, Fianna Fail)
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It must be identified with one Department and in this case it is the Department of Justice, Equality and Law Reform.

Joe Costello (Dublin Central, Labour)
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The Minister of State should not confine her remarks.

Máire Hoctor (Tipperary North, Fianna Fail)
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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.