Joe Costello (Dublin Central, Labour)
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Question 233: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a request was made by a person (details supplied) to search a plane flying through Shannon Airport to Guantanamo Bay in relation to suspicion of extraordinary rendition; and if he will make a statement on the matter. [24926/08]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that in the case referred to by the Deputy two reports were received and Gardaí were requested to search the aircraft. The complainants declined to make formal statements of complaint when invited to do so.

As the Deputy is aware, the Garda Síochána is responsible for the investigation of offences. Statutory powers of search and entry are bestowed upon the Garda Síochána under various legislative provisions and when authorised by a judge. However, these powers are exercised in circumstances where a member of the Garda Síochána reasonably suspects that an offence has occurred. These powers can only be used, therefore, where a Garda has a reasonable suspicion supported by some evidence. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. If the Gardaí were to accede to every such demand, unsupported by evidence, it would amount to an abuse of authority.

I am advised that inquiries by the Garda Síochána established that the plane in question was not, in fact, en route to Guantanamo Bay. I would remind the Deputy that the Garda Síochána has investigated a range of complaints of alleged unlawful activity at Shannon Airport and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of unlawful activity. Any person with credible information that Irish airports have been used for any alleged unlawful purpose should report their concerns to the Garda Síochána.