Written answers

Tuesday, 11 November 2008

Department of Foreign Affairs

Human Rights Issues

10:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 405: To ask the Minister for Foreign Affairs the policy changes which have taken place or are proposed to take place as outlined in a newspaper article (details supplied); and if he will make a statement on the matter. [39190/08]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The issue of extraordinary rendition has been raised on numerous occasions in this House. As has been made repeatedly clear, the Government is completely opposed to the practice of the extraordinary rendition of prisoners. The policy has not changed. The article to which the Deputy refers concerns a decision by the Government on 29 October to establish a Cabinet Committee on Aspects of International Human Rights. As part of its remit, the Committee has reviewed the Programme for Government commitments in relation to our total opposition to extraordinary rendition.

The Committee has agreed that early contact should be made with the new US Administration to seek a clear statement of intent that extraordinary rendition would cease and would not resume during the new President's term of office. I would emphasise that, while we have no reason to doubt the existing assurances in respect of the use of Irish airports, what we are looking for is a clear overall policy statement which would commit the new Administration to end the practice of extraordinary rendition wherever it may be occurring.

Commitments are also being sought in regard to the closure of Guantanamo Bay and to the prohibition of intensive interrogation techniques, such as water-boarding, that are internationally considered to constitute torture. These techniques are in clear violation of international human rights and humanitarian law. The closure of Guantanamo Bay has been called for by the Government consistently and from an early point and is now the agreed position of the EU. Given the stated position of the President elect, I am hopeful that we will receive an early and positive response.

The Government has received clear and specific assurances at the highest level from the US authorities that such prisoners have not been transferred through Irish territory, nor would they be, without our permission. We have no reason to doubt the existing assurances in respect of the use of Irish airports. The fact remains that none of the various investigations into allegations of extraordinary rendition have revealed any evidence or even resulted in a specific allegation that any person has been subjected to extraordinary rendition through Ireland. In addition, the Gardaí have conducted a number of investigations on foot of complaints, but these have not produced any evidence of illegal activity.

With a view to strengthening as necessary the legislative provisions, the Cabinet committee on aspects of international human rights is to review the statutory powers available to the civil and police authorities regarding the search and inspection of aircraft in the context of the obligations on the State under the Chicago convention.

I am informed by my colleague, the Minister for Justice, Equality and Law Reform, that the commitment in the programme for Government on training in the human rights area is being fully implemented. In accordance with the Garda Síochána Act 2005, there is a duty on the Garda to protect life and vindicate the human rights of the individual. To this end, there is a comprehensive programme for human rights training within An Garda Síochána. New members of the Garda make a declaration of the need to have regard for human rights in carrying out policing duties. In addition, the Garda remains ready to take whatever action is open to it under the law in respect of any allegations of extraordinary rendition.

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