Michael McNamara (Clare, Labour)
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392. To ask the Minister for Justice and Equality her views on whether the State was complicit or has any legal liability in respect of the rendering of a person (details supplied), who, according to the rendition project reprieve, travelled on aircraft that had stopped in Shannon on the way to or from picking them up and rendering them elsewhere but did not travel through Shannon and have been at Guantanamo for ten years and eight years, respectively; and if she will make a statement on the matter. [48457/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware of recent reports and of concerns that Irish airports, particularly Shannon, have been used for the unlawful inter-state transfer of detainees (‘extraordinary rendition’) by the US authorities.

The Government has repeatedly made it clear that extraordinary rendition is an illegal practice which Ireland will not accept. The US authorities have provided clear and unambiguous diplomatic assurances, at the highest level, that Irish airports have not been and would not be used for the purpose of extraordinary rendition. The Government is fully entitled to rely on these assurances.

There is no question of the State having been complicit in the practice of extraordinary renditions.

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. 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.