David Norris (Independent)

This lunch time the report on rendition by the Irish Human Rights Commission was published. Some of us heard on the radio news the comments of a senior person there which make it clear that the country has not met its human rights obligations. More importantly, that person made detailed reference to exchanges between the Department of Foreign Affairs and the IHRC in which it was clear that the Government and its agents were attempting to lean on the IHRC and interfere in a way that transgresses the boundary of separation that should exist between an independent human rights commission and the Government. This is a serious matter. The Seanad is aware of this kind of thing as the commission we were on the way to establishing was dismantled because the Government was afraid of what might emerge. I ask for a full debate on this important issue next week.

The IHRC has called for an effective inspection regime for the aeroplanes at Shannon, advance information on the nature of the flight and details of personnel held on board well in advance of any aircraft landing. I quote IHRC commissioner Ms Suzanne Egan:

In the context of three pan-European investigations into the issue of extraordinary rendition flights through the territory of European states the IHRC has conducted a comprehensive review and concludes that in its approach to extraordinary rendition the Irish State is not fully complying with its human rights obligations. The State's reliance on diplomatic assurance is not enough to satisfy these obligations.

Many in this House have been saying this and have given clear evidence collected by ordinary citizens such as Mr. Tim Hourigan at Shannon Airport detailing the flight pattern of these aeroplanes. Without question Ireland has been involved in rendition. We must open up about it and take this report on board in the light of a number of reports from Europe. The European Parliament report in February 2007 included a resolution deploring Ireland's involvement. The Marty report by the Parliamentary Assembly of the Council of Europe said simple assurances from heads of state have no legal force. I call for a detailed, open and honest debate on this, which was stifled by the previous Government.

I agree with Senator Cummins about last night's horrifying "Prime Time Investigates" programme. This situation can be approached only on a global basis. I also agree with him on the homeless. The Seanad should examine the report issued by the Simon Community today, which indicated that 55 homeless people who had contact with their agency died on the streets in 2006. Their average age was 42 years. This is a reproach to us.

Can the Leader confirm today's reports that an officer of the immigration services charged with examining people as to their categorisation as asylum seekers, refugees or otherwise was the subject of an action in the courts on the grounds that he had never allowed a case? The individual who took this case won it and the judge decreed that this man's case should be transferred to another examiner. If this is true, will the Leader communicate urgently with the Minister for Justice, Equality and Law Reform to the effect that if that man is unfit on those grounds to try that case, he is unfit to try any case, and should be dismissed at once?