Noel Treacy (Galway East, Fianna Fail)

There can be no sense of complacency about the situation in Iraq. It is a country blessed with the richest of natural resources and has a vital role to play in ensuring stability in the Middle East. Most importantly, however, it is a country whose people deserve a better future following years of brutal and corrupt dictatorship, three major wars and international economic isolation. Iraq remains a key foreign policy issue for Ireland and for our partners in the European Union. Our priority must be to support the Iraqi people as they attempt to build a society based on democracy and respect for human rights against a background of widespread and often indiscriminate violence.

In addressing our shared concerns, which mostly relate to the security situation, it is important that we recognise the substantial progress made by the Iraqis themselves in the political reconstruction of their country. The Seanad last debated Iraq in May last, almost one year after the adoption of UN Security Council Resolution 1,546, which set out a path for political reconstruction. Immediately following the adoption of this resolution, the Iraqi Interim Government took over from the Coalition Provisional Authority. Elections for a national assembly were held in January last, and an elected Iraqi Government, with representatives from all communities, was appointed in May last. In recent months, the parties in the assembly have drawn up a new constitution for Iraq, which was approved by the people in a democratic referendum on 15 October. New democratic elections for a fully sovereign Parliament and Government will be held under the constitution on 15 December next.

It is incumbent on all of us, as democrats, to recognise that these are impressive political achievements. Even before the December elections, for the first time in its difficult history, Iraq has a democratically-elected Government which represents the majority of its people.

We do not underestimate the challenges ahead and we are all keenly aware of the principal outstanding political issue. It is essential that the Iraqi Government and the international community work together to involve the minority Sunni community in the political process. That community for years provided the ruling elite in Iraq. It had very real difficulties with the current constitutional arrangements. Nobody would now wish to see the former marginalisation and disaffection of the majority Shia and Kurdish communities replicated as regards the Sunni community, which makes up about 20% of the country's population.

The constitutional referendum in October last highlighted the clear divisions in Iraqi society. Although members of the Sunni community voted strongly against, it is important that they cast their votes. They did participate. We welcome the stated intention of the Sunni parties to participate in the December elections next month. All the parties have agreed that there will be a short period of review of the new constitution following the elections to try to accommodate Sunni concerns once again.

Following courageous efforts by the Arab League, led by Secretary General Amr Moussa, it also looks likely that a national reconciliation dialogue meeting will be organised in Iraq early in 2006. A preparatory conference involving representatives of all communities has been held in Cairo in recent days. It produced some notable gestures of reconciliation. In particular, President Talibani stated clearly that he was prepared to talk to representatives of the insurgent groups. It is too early to predict success, but again I believe it is important that we recognise and encourage the courageous efforts of Iraq's political leaders to maintain the unity of their society and of their country.

The motion tabled by the Independent Senators rightly raises a number of extremely serious issues as regards the conduct of the Iraqi security forces and of the multinational force in Iraq. It would be inappropriate for us to debate these issues without also recognising the very real dangers facing ordinary Iraqi people, and the horrendous daily toll of civilian casualties inflicted with deliberate, brutal cynicism by groups seeking to foment division and chaos.

In this month alone, by the most conservative estimates, over 200 Iraqi citizens have been murdered in indiscriminate bomb attacks on markets, mosques, funerals and other public gatherings. The intention of the attackers is to cause the maximum number of deaths and injuries to innocent civilians. Given our experience of sectarian violence, I think it is only right that the motion which the Seanad passes should clearly recognise and condemn that wanton violence.

However, terrorism does not provide any excuse for those in authority to inflict further suffering through the abuse of human rights. There can, for instance, be no excuse for the conditions in which some 170 detainees are reported to have been found by US troops in an Iraqi Interior Ministry building. There appears to be clear evidence that at least some of the detainees had been very severely beaten and maltreated. There are also wider concerns about due process for persons detained in Iraq, admittedly against a background where the courts and legal practitioners are themselves targets for attack. I want to be clear in stating that our Government strongly condemns human rights abuses of this kind in Iraq and everywhere they happen in the world. We have done so consistently in every forum available to us.

There have been reports that the situation arises in part because of the incorporation into the security forces of units of Shia militia which are not under the effective control of the central government. It is essential for the future of Iraq that the new democratic Government and its forces demonstrate clearly that they have made a break with the past and will not allow the continuation of the human rights abuses inflicted on their people by previous Iraqi regimes.

The Government of Iraq has announced a full Investigation into the case of these detainees and we must await a more clear report of what actually occurred. However, our Government supports the call by the UN Commissioner for Human Rights for consideration by the Iraqi authorities of the possibility of an international inquiry into the wider problems of detention and the treatment of prisoners in Iraq. Considerable concern has been expressed in recent days about the reported use of white phosphorus munitions by US forces in Iraq, especially in the attack on Falluja last November.

There have been numerous media reports, not all of which may have been fully accurate. The US authorities have admitted that in their initial reaction to the reports, inaccurate information was given to journalists.