Mick Wallace (Wexford, Independent)
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3. To ask the Tánaiste and Minister for Foreign Affairs and Trade the basis for his assertion that the use of Shannon Airport by the US military is not in breach of Ireland's policy of neutrality; and if he will make a statement on the matter. [15684/14]

Mick Wallace (Wexford, Independent)
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The Tánaiste has previously stated that he strongly supports neutrality and that it is a central element of Ireland's foreign policy. Given this clear commitment to the idea of neutrality, why does the Government continue to allow Shannon Airport to be used by the US military?

Paschal Donohoe (Dublin Central, Fine Gael)
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Ireland's traditional policy of military neutrality, which has been pursued by successive Governments, is characterised by non-participation in military alliances. This policy has been underpinned by a set of complementary values which includes the protection of human rights, support for development and the promotion of disarmament and the elimination of weapons of mass destruction.

Ireland’s policy of military neutrality has gone hand-in-hand with our belief that international engagement is critical to enhance co-operation and to reduce conflict in the world. Ireland has consistently sought to engage directly in the promotion of international peace and security through our bilateral contacts and multilateral efforts with the United Nations and the European Union. We have a long-standing and recognised record of participation in international crisis management, which is underpinned by our commitment to fulfil our obligation as members of the UN to provide assistance in any action which the Security Council takes in accordance with the United Nations Charter. This is founded on the basis that primary responsibility for the maintenance of international peace and security rests with the UN Security Council.

Successive Governments have made overflight and landing facilities available at Shannon Airport to the United States for well over 50 years. These arrangements do not amount to any form of military alliance with the United States and are governed by strict conditions. These include stipulations that the aircraft must be unarmed, carry no arms, ammunition or explosives and do not engage in intelligence gathering, and that the flights in question do not form any part of military exercises or operations. I therefore see no incompatibility between the use of Shannon Airport and our traditional policy of military neutrality.

Mick Wallace (Wexford, Independent)
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In 2006 the Tánaiste, Deputy Eamon Gilmore, said "not knowing is not good enough". He also said "Why has the Government not complied with the request from the Human Rights Commission to inspect the aircraft through Shannon?" I do not know how he can have that position when in opposition and have a different position when in power. Now we do not want to know if there is anything on the planes. It was interesting to hear what Shannonwatch said yesterday:

Recent disturbing revelations in relation to the behaviour of Garda management and the Minister for Justice give new significance to statements made by members of An Garda Síochána about instructions not to search suspected CIA rendition and US military aircraft at Shannon Airport.

Over the last eight years, Gardaí of various ranks have told members of Shannonwatch that an "instruction" or "policy decision" or "letter of advice" has existed in relation to the searching of these aircraft.

Paschal Donohoe (Dublin Central, Fine Gael)
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I thank the Deputy for his question. I want to respond to two of the main questions he has put to me. On the first one regarding the allegations and claims that Irish airports have been used in some way for extraordinary rendition, I want to emphasise again to the House that the Government has on several occasions made it very clear to the United States Government that it would be illegal to transit prisoners for rendition purposes through Irish territory without the express permission of the Irish authorities, acting in accordance with Irish and international law. The United States authorities have made it very clear to this Government in response to that point that they have not done so and would not do so without seeking the permission of Irish authorities.

On the point the Deputy put to me regarding the inspection of airports, a system for dealing with requests for landing of military aircraft at Shannon Airport already is in place and already is fully implemented. It is kept under full review to make sure it is fully complied with. As already has been indicated to the Deputy, a practice is in place, which is in accordance with international practice, that foreign military aircraft passing through Ireland with the permission of the Government are not subject to routine searches or inspections. The principle of sovereign immunity applies automatically to foreign state or military aircraft, as it applies to our own.

Michael Kitt (Galway East, Fianna Fail)
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The Minister of State should stop there and I will return to him.

Paschal Donohoe (Dublin Central, Fine Gael)
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However, I so do in making clear to the Deputy the point the Government has made in respect of the claim of extraordinary rendition and the assurances and commitments it has received in return.

Mick Wallace (Wexford, Independent)
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Were a boat to land in west Cork and were the Garda to suspect there were drugs on board, would gardaí ask the person who owns it whether he had drugs on the boat or might they search it to ascertain for themselves whether there were drugs on board? The same point applies to the aeroplanes. One will not know whether the law is being upheld and whether America is doing what it states it is doing unless one takes a look.

Will the Government consider holding a referendum to enshrine neutrality in the Constitution? A recent Red C poll commissioned by the Peace and Neutrality Alliance last year shows overwhelming public support for neutrality, standing at 78%. Moreover, that figure rises to 85% for young people under the age of 34. The Government surely can agree that Ireland could demonstrate its commitment to neutrality by acceding to Chapter V of the Hague Convention of 1907. Members have discussed this matter a number of times but will the Government consider enshrining the aforementioned Hague Convention in order that Ireland is a signed-up member thereof? This would do away with a lot of the confusion. Ireland either will be a neutral country that takes a neutral position or it will not and will take sides. Sadly, it appears very much as though Ireland is taking sides.

Paschal Donohoe (Dublin Central, Fine Gael)
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I thank the Deputy for the question. In respect of neutrality, as the Deputy would expect I am a strong supporter of Ireland's neutrality. In my current role, I can discern the huge benefit it brings to Ireland to allow the Government to conduct its foreign policy in line with the values I believe Irish people to have. On the Deputy's point regarding a referendum, there are no such plans to hold a referendum. As the Deputy will be aware, the Hague Convention to which he referred includes a highly specific definition of what is a country's neutrality or what it should be. Ireland has a long-standing commitment to military neutrality and to the complimentary values thereof, as I articulated in my earlier response to the Deputy. Moreover, the practice that is in place regarding the use of Ireland's airports by aircraft from other countries recognises this.

As to the point made by the Deputy regarding the arrival of a ship that potentially has drugs on board and the question asked as to what would be the response, the key response is that as the Deputy will be aware, if concerned individuals have concerns that the law and policy are being broken, they should provide evidence of that to An Garda Síochána.