Patrick Nulty (Dublin West, Labour)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the report findings by Shannonwatch, which show a total of 250,000 troops passing through Shannon in 2011; if this figure is consistent with the Programme for Government commitment to enforce the prohibition of the use of Irish airspace, airport sand related facilities for purposes not in line with the dictates of international law ; if he will commit to ending the Shannon stopover for US troops passing through Shannon; and if he will make a statement on the matter. [48039/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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Ireland has made overflight and landing facilities at Shannon Airport available to the United States for well over 50 years. As these arrangements are fully compatible with the dictates of international law, there is no inconsistency with the commitment made under the Programme for Government to which the Deputy refers. While my Department has primary responsibility under Irish legislation for foreign military aircraft seeking to overfly or land in Ireland, the vast majority of the US troops to which you refer pass through Shannon Airport on commercial flights. The regulation of civil aviation is primarily a matter for my colleague the Minister for Transport, Tourism and Sport. There are no plans to make any changes to the existing arrangements.

In the event that permission is sought, my Department requires an undertaking from the relevant embassy that the aircraft in question will be unarmed; will not be carrying arms, ammunition or explosives; will not engage in intelligence gathering; and is not participating in military exercises or operations.

A number of bodies in Ireland play a role in ensuring compliance with civil and criminal legislation, including An Garda Síochána, and the customs authorities. However, none of these are under the aegis of my Department.

Patrick Nulty (Dublin West, Labour)
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To ask the Tánaiste and Minister for Foreign Affairs and Trade his views regarding reports of the use of Shannon Airport by US forces as a stopover point for extraordinary rendition; his views on whether the Chicago convention does not preclude States from unilaterally making transit or overflight dependent on the provision and verification of information which might relate to the practice of extraordinary rendition; if he will introduce a system of checks and investigations aimed at ensuring that there can be no aircraft passing through Shannon involved in the practice of extraordinary rendition, in line with the Chicago convention, which makes it clear that every State has complete and exclusive sovereignty over the airspace above it territory; and if he will make a statement on the matter. [48040/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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As the Deputy will be aware, the Programme for Government states that the Government “will enforce the prohibition of the use of Irish airports and related facilities for purposes not in line with the dictates of international law”. I have regularly stated in this House that this Government does not tolerate and will not tolerate the use of our airspace or airports for any illegal purpose, including torture, rendition or the unauthorised detainment of any individual. This position is unchanged; Ireland remains totally opposed to the practice of extraordinary rendition.

Immediately following the first reports several years ago that the US was practising extraordinary rendition to transit prisoners, the then Government demanded and received specific assurances from the US authorities that such prisoners had not been transferred through Irish territory, nor would they be, without our permission. These assurances were confirmed at the highest political level. They were of a clear and categoric nature, relating to facts and circumstances within the full control of the US authorities. I am satisfied, as previous Ministers have been, that it is appropriate for the Government to rely fully on these assurances.

The permission of the Government must be sought and obtained for the transport of prisoners through Irish airports. I made it clear in this House on 22 May 2012 that “under no circumstances will we grant permission for the transport of prisoners who are subject to extraordinary rendition”.

It is likely that a small number of commercially leased aircraft which have been involved in legitimate commercial activities have also been involved at various times in activities related to extraordinary renditions. However, there is no evidence to suggest that any of these aircraft were carrying prisoners at any time when they transited through Irish airports, including Shannon Airport.

The Deputy seeks the introduction of “a system of checks and investigations aimed at ensuring that there can be no aircraft passing through Shannon involved in the practice of extraordinary rendition”. Where allegations have been made, including by members of the Oireachtas, these have been fully investigated by senior officers of An Garda Síochána. In no case has any evidence been adduced to support claims that extraordinary rendition had occurred. If anyone has evidence to suggest that any person subject to extraordinary rendition has transited an Irish airport during this process, this evidence should be made available to An Garda Síochána, so that an investigation can take place.

Questions relating to the regulation of international civil aviation and to the Chicago Convention are primarily a matter for my colleague, the Minister for Transport, Tourism and Sport. The Department of Transport is the primary interlocutor with the International Civil Aviation Authority, which has responsibility under this Convention for the regulation of international civil aviation.