Dáil debates

Tuesday, 27 January 2009

Priority Questions

Human Rights Issues.

3:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 101: To ask the Minister for Foreign Affairs if Ireland has been requested to take any of the detainees from Guantanamo Bay; and if he will make a statement on the matter. [2311/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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As the Deputy will be aware, on 22 January, President Obama signed four Executive Orders concerning the closure of the detention facility at Guantanamo Bay and related matters. I warmly welcome this decisive and immediate move by the President. As I said in my immediate reaction to the news, it represents an historic new beginning in efforts to uphold and promote human rights and will be welcomed by all friends of the United States.

The relevant Executive Order states that Guantanamo is to close within one year and that appropriate arrangements will need to be made to deal with the remaining detainees either by prosecuting them, returning them to their home countries, releasing them or transferring them to a third country. The Executive Order directs the Secretary of State to seek international co-operation aimed at achieving the transfers of detainees.

Ireland, with our EU partners, has consistently called for the closure of Guantanamo and the bringing to trial or release of detainees held there. At yesterday's meeting of the General Affairs and External Relations Council, Foreign Ministers held an initial discussion of how European Union member states might approach the issue and strongly welcomed President Obama's move. It is, however, clear that there is a range of complex legal, practical and political issues to be worked through, primarily on the US side in the first instance. Nevertheless, I made clear that Ireland is ready in this new context to examine how we may be supportive of the United States Government as it proceeds towards the closure of Guantanamo.

While any decisions on resettlement are for each member state to take individually, a co-ordinated EU approach would be highly desirable. With the Minister for Justice, Equality and Law Reform, whose Department has responsibility for the reception and integration of citizens of third countries, I will keep the matter under review and, as necessary, will bring any specific proposals to Government. While there have as yet been no approaches from the new US Administration on the matter, I expect that it will feature in our future dialogue with it.

There were some discussions last year with the US authorities at official level in my Department and in the Department of Justice, Equality and Law Reform regarding the possible acceptance by Ireland of detainees. Also, informal contacts with interested parties and lawyers representing one of these detainees have taken place. However, given President Obama's decision last Thursday, the context has clearly changed.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Fine Gael welcomes the proposed closure of Guantanamo, which it always believed was a bad concept. I watched with interest European countries adopt the high moral ground during the past number of years in respect of Guantanamo. One would have thought at one stage that all the detainees had been former Reverend Mothers. The chickens have come to roost in terms of the EU's duplicitous approach in respect to Guantanamo.

What contribution did the Minister make to the discussion on this issue? We seem to be waiting in the wings on Europe. While we hear much of the need for one voice in Europe, member states are now taking different positions on this issue. My understanding is that the Portuguese sought to put the item on the agenda at a late stage. Perhaps the Minister will state Ireland's position in this regard and will outline why approximately 70 or 80 detainees cannot return to their home countries. What was our position to the General Affairs and External Relations Council with respect to Ireland agreeing to accept detainees?

My understanding is that one of the Government parties, the Green Party, has actively sought to have a particular detainee brought here. What is the Minister's response to this matter? I am sure he is in a position to make a unilateral decision in this regard and does not need Mr. Miliband or President Sarkozy to tell him what to do.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The issue was discussed formally over lunch yesterday at the EU Council Meeting. Considerable debate on the issue took place for quite a long time. Deputy Breen is correct that the Portuguese Foreign Minister, Luis Amado, circulated correspondence on the matter to all member states requesting that the issue be discussed. The issue is not one of whether a country takes one detainee or a number of detainees. Freedom of mobility means such persons would be free to move to other European countries. There is a strong European dimension involved. Member states have different legal systems. As the discussion unfolded, it became clear that there were significant issues involved in terms of freedom of movement, different legal systems, relocation to third countries and so on. It was decided to await a paper on the matter from the Commission which would analyse all of the issues raised. The Americans have stated that Guantanamo will be closed within one year.

We await engagement on the matter from the Americans. The position is as I stated yesterday, we welcome the decision to close Guantanamo. This decision represents more than just the closure of Guantanamo; it represents a new commitment to a more multilateral approach and an engagement with the EU and other global powers by the United States and the new President. We will co-operate and work with the US in facilitating the closure of Guantanamo. However, we must wait to see what track that takes in the coming months.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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The Minister is saying that we cannot make a decision in respect of accepting detainees without the agreement of our European partners.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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No, I did not say that. I said in my reply that the decision is ultimately one for each member state.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Will the Minister set out the position in regard to the request in respect of a particular detainee? Is it his view that we should accept that detainee?

Also, will the Minister state if he intends to visit Cuba shortly. During the silly season, the Minister mentioned a proposed visit to Cuba and perhaps he might outline the position in this regard.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On the Deputy's key point, each member state has the right to make its own decision in respect of detainees. Britain has already taken 12 detainees, all British citizens, from Guantanamo and will shortly take in two more. The Belgians took in two detainees in 2006.

As regards the particular detainee referred to, informal discussions took place last year with the individual's lawyer.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Yes.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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My colleagues in the Green Party have also raised the case with me. We are examining the matter. It was agreed at yesterday's meeting that more detailed work was required before people would take unilateral action. It must be pointed out that President Obama has not, as yet, requested anything of us. Undoubtedly, there will be further discussions on the matter. President Obama said it will take a year to close down Guantanamo. Three categories of prisoners have been identified. We have made clear that we will not accept people with terrorist backgrounds. There is no need to rush the fences today or tomorrow; we can work through this issue.