Mick Wallace (Wexford, Independent)
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25. To ask the Minister for Justice and Equality her views that it is acceptable that the Gardaí have not conducted any searches of US military or troop-carrying aircraft at Shannon airport, in view of the fact that the UN Committee Against Torture specifically stated that in order to comply with our international legal responsibilities regarding torture and suspected renditions, that relying on diplomatic assurances was insufficient; and the action she will take in this regard. [1414/15]

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

I would point out, for the sake of clarity, that the Garda Síochána has no role in relation to the inspection of foreign State or military aircraft which, in accordance with international law, enjoy sovereign immunity.

Notwithstanding that, 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.

The recent report of the US Senate related to torture and renditions does not, I am pleased to note, mention Ireland in this regard.

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.