Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 117: To ask the Minister for Foreign Affairs the legal basis allowing prisoners to be transported via the State's territory by a third country; if the Government authorised this kind of transportation; and if so, the kind of assurances it can demand regarding the conditions under which these prisoners are held. [3731/06]

Dermot Ahern (Louth, Fianna Fail)
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Irish law permits the transit through Irish territory of a person being detained by the authorities of another state in two circumstances.

Section 40(1) of the Extradition Act 1965 allows the Minister for Justice, Equality and Law Reform to permit the transit through the State of a person being conveyed from one country to another upon that person's surrender pursuant to an agreement in the nature of an extradition agreement. This is subject to any relevant extradition provisions and to such conditions, if any, that the Minister thinks proper.

The Minister for Justice, Equality and Law Reform may also consent to the transfer of a sentenced prisoner through Irish territory pursuant to the Council of Europe Convention on the Transfer of Sentenced Persons 1983, when he is satisfied that Article 16 of that convention is applicable. The convention defines a sentence as a punishment involving deprivation of liberty ordered by a court on account of a criminal offence. As stated above, any authorisations in this area would be a matter for my colleague, the Minister for Justice, Equality and Law Reform.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 118: To ask the Minister for Foreign Affairs if the Government knows of any landings on the State's territory of aircraft which may have carried prisoners to Guantanamo Bay or elsewhere; and if he will make a statement on the matter. [3732/06]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 120: To ask the Minister for Foreign Affairs if the Government requested information from the American authorities regarding alleged flights to, from or over this State's territory by aircraft chartered by the CIA which may have been used for the illegal transportation of prisoners; if so, the replies it has received to date in 2006. [3735/06]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 118 and 120 together.

I know of no landings on the State's territory of aircraft which have been illegally carrying prisoners transiting Ireland to Guantanamo Bay or elsewhere. I am aware of media and other reports concerning allegations that aircraft, which it is claimed may at some stage have been used in so-called extraordinary rendition operations between countries other than Ireland, might on different occasions have transited Shannon Airport. In his reply of 13 December 2005, my colleague the Minister for Transport furnished details in regard to the movements of a small number of aircraft cited in such reports. There is no authoritative basis on which to come to a view on the truth of the allegations which have been made regarding the activity of such aircraft outside our jurisdiction. Moreover, none of these reports have included any concrete evidence or specific allegations that prisoners have been transported through Irish airports or airspace as part of an extraordinary rendition operation. In the Government's contacts with the US authorities, on which I have reported to the House in considerable detail, most recently on 14 December 2005, we have been concerned above all to ensure that no extraordinary rendition of prisoners has occurred or is occurring through Ireland. The assurances that we have received from the US authorities that this is indeed the case have been categorical and unambiguous, and have been repeated as recently as last week. I should add that our complete opposition to the practice of extraordinary rendition has been made clear on numerous occasions.