Seán Crowe (Dublin South West, Sinn Fein)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the report by the Open Society Justice Initiative titled Globalising Torture: CIA Secret Detention and Extraordinary Rendition, that was released on 5 February, regarding the use of Shannon Airport by the US CIA for flights of extraordinary rendition, which were not in line with the dictates of international law; and if he will make a statement on the matter. [9032/13]

Eamon Gilmore (Dún Laoghaire, Labour)
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I am aware that the Open Society Justice Initiative report, Globalizing Torture: CIA Secret Detention and Extraordinary Rendition, contains a compilation of existing publicly available material on the subject of extraordinary rendition. It does not contain any new information or make any new allegations in respect of Ireland. In particular, it does not allege that any person has ever been subject to extraordinary rendition through Irish airspace or Irish airports.

The Government is completely opposed to the practice of extraordinary rendition. I have addressed the issues raised in this report on a number of occasions in the House when I stated Ireland does not and will not tolerate the use of our airspace or airports for any illegal purpose, including torture, rendition or the unauthorised detention of any individual. In this regard, the programme for Government states clearly that the Government "will enforce the prohibition of the use of Irish airports and related facilities for purposes not in line with the dictates of international law". The permission of the Irish Government must be sought and obtained for the transport of prisoners through Irish airports. I made clear in this House on 22 May 2012 that "under no circumstances will we grant permission for the transport of prisoners who are subject to extraordinary rendition".

Immediately following the first reports which suggested that the United States was carrying out extraordinary rendition to transit prisoners, the then Government demanded and received specific assurances from the US authorities that such prisoners had not been transferred through Irish territory, nor would they be so transferred, without our permission. I am satisfied with these assurances, which were confirmed at the highest political level. They are of a clear and categoric nature, relating to facts and circumstances within the full control of the United States Government.

It is likely that a small number of commercially leased aircraft which have been involved in legitimate commercial activities have also been involved at various other times in activities relating to extraordinary renditions. However, there is no evidence to suggest that any of these aircraft were carrying prisoners at any time when they transited through Irish airports, including Shannon Airport.

Additional information not given on the floor of the House

Where allegations have been made, including by Members of the Oireachtas, these have been fully investigated by senior officers of the Garda Síochána. In no case has any evidence been adduced to support claims that extraordinary rendition had occurred. If anyone has evidence to suggest any person subject to extraordinary rendition has transited an Irish airport during this process, this evidence should be made available to the Garda Síochána in order that an investigation can take place.

Seán Crowe (Dublin South West, Sinn Fein)
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The Tánaiste is correct that the report is a compilation of testimonies gathered by human rights organisations and brings together various court documents, official sources and so forth. However, it also links the apprehension and transfer of three suspects to aircraft and flight schedules that included stopovers at Shannon Airport between 2002 and 2004. I welcome the Tánaiste's statement that the Government will not grant permission to transfer prisoners through Irish airspace, although this commitment was also given by previous Governments. I recall that the previous Government took assurances provided at the time at face value. We now know that up to 170 aircraft passed through Irish airspace and suspects may have been on board in the case of three flights. Will the Tánaiste assure the House that the practice of transferring prisoners through Irish airspace, which may have occurred in the past, will not take place in future? How can those who are concerned about rendition be assured that Irish airspace and, more important, Irish airports will not be used by other States for rendition purposes?

Eamon Gilmore (Dún Laoghaire, Labour)
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There is no evidence that any persons were transited through Shannon Airport for the purposes of extraordinary rendition or that any persons involved in the practice transited through the airport. What the reports referred to and what the recent report from the Open Society Justice Initiative refers to was the belief that certain commercial aircraft, which it believed were used for extraordinary rendition purposes elsewhere, stopped at Shannon Airport. To put the issue in context, more than 1,700 commercial aircraft passed through Shannon Airport in the period in question. There is nothing wrong with commercial aircraft coming through Shannon Airport - we all wish more would do so.

The Deputy asked about assurances. We must be clear that if prisoners are to be transported through Shannon Airport or any other Irish airport, the relevant authorities must seek and obtain permission from the Irish Government. Under no circumstances will the Government grant permission for the transport of prisoners who are subject to extraordinary rendition. That is the clear position of the Government and I give that assurance to the Deputy and House.

Seán Crowe (Dublin South West, Sinn Fein)
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Let us back up a little. What action does the Government propose to take that is different from the action taken in the past? Concerns persist on this issue, court cases involving extraordinary rendition are pending and one of the suspects involved remains in Guantanamo Bay. While the Government denies prisoners were transferred through Irish airports, they were certainly transferred through other parts of Europe. What action can we take on this issue?

Eamon Gilmore (Dún Laoghaire, Labour)
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I repeat that we do not know, nor do we have any evidence or information, that any prisoner transported through an Irish airport was the subject of extraordinary rendition. The closest that anybody has come to making a linkage with Irish airports is a suggestion that some aircraft which may have been used for extraordinary rendition elsewhere and at a different time travelled through Shannon Airport.

The Deputy asked what is different from in the past. The difference is that the current Government has made a clear commitment in the programme for Government to enforce the prohibition of the use of Irish airports and related facilities for purposes that are not in line with the dictates of international law. Where overflights are concerned and where prisoners are being transported through Irish airports, there is a requirement to seek our permission. If, at any time, we receive evidence that there is a breach of this requirement, we will have our law enforcement officials take action on it.

Seán Crowe (Dublin South West, Sinn Fein)
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Will inspections be carried out? People want to hear that we will do things differently.

Eamon Gilmore (Dún Laoghaire, Labour)
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That is a matter for the Garda. No one has produced any evidence.