Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

The matter I wish to raise on the Adjournment is the need for the Minister for Foreign Affairs and Trade to introduce an inspection regime at Shannon Airport to ensure that the integrity of Irish airspace is protected.

As the Acting Chairman will have read in the newspapers, there have been some disturbing revelations in regard to WikiLeaks in recent times. These revelations show that the previous Government was effectively paying lip-service to maintaining the integrity of Irish airspace. One of the main concerns was that one of the coalition partners, Fianna Fáil, was keeping its other partner, the Green Party, in the dark about what was going on. In the revelations the former Taoiseach, Bertie Ahern, is quoted as being: "behind Ireland's steadfast support for the United States in permitting US military transits (347,000 US troops alone in 2005) that backstop US activities especially in Iraq and Afghanistan". Clearly, Shannon was the hub for the transportation of the vast majority of US troops to and from Iraq.

The Iraqi war was initiated under false pretences, namely, that the Iraqi regime was in possession of weapons of mass destruction, which was patently untrue. Nor did the war have a UN mandate at the time of its initiation. The Minister of State will remember that more than 100,000 people marched in Dublin alone against the war and the use of Shannon Airport for the transportation of US troops to what was then an illegal war.

The Iraqi war has ended, I presume no further troops are going to Iraq through Shannon and the Afghan war is coming to an end. Given the fact that we have a new Government with a new mandate, it is appropriate that we introduce a new regime of inspection, which was not done by the previous Government. The programme for Government reads, "We will enforce the prohibition on the use of Irish air space, airports and related facilities for purposes not in line with the dictates of international law". It would be impossible to ensure international law was observed and implemented unless some mechanism was put in place to supervise that implementation. This would require an inspection regime that at least involved some degree of random inspection of military and civilian aeroplanes.

Another commitment in the programme for Government effectively requires Ireland to assert its neutrality and the integrity of its air space. The programme reads, "We will position Ireland, in particular Shannon airport, to become an international hub for the storage and distribution of emergency humanitarian supplies". To do this, we need to assert our integrity in terms of our air space, our adherence to international law and our neutrality.

I will briefly mention a few background points. Irish law and international human rights law make specific provision against torture, inhumane and degrading treatment and placing individuals at risk to such treatment. The Dáil transposed the European Convention on Human Rights into Irish law in 2003. In 2006, the Parliamentary Assembly of the Council of Europe conducted a report, the findings of which were alarming, namely, that there was a considerable amount of passive and active collusion with CIA flights to and from EU countries, including Ireland. Subsequently, the European Parliament took up the issue and made the same determinations. For example, it found that there had been 1,245 CIA-operated flights in EU air space between 2001 and 2005, the secret detention of prisoners and the illegal transportation or extraordinary rendition of detainees. In Ireland's case, the Parliament determined that 147 stopovers at Shannon Airport were made by CIA-operated aircraft that came from or were bound for countries linked with extraordinary rendition. Some of these aircraft were shown to have been used for the transportation of detainees by the CIA. Amnesty International took up the issue in 2008. Its report reads, "Also aircraft directly en route or returning from rendition missions have transited Shannon Airport".

Given the number of serious allegations about the abuse of Irish air space and the lack of an independent or governmental mechanism to determine what is occurring, does the Minister of State not agree that now is the appropriate time to introduce a supervisory regime as mentioned in the programme for Government?

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

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.