Irish-US treaty - Lack of debate is unacceptable

THE lack of public debate on the latest treaty between Ireland and America, under which both countries have agreed closer co-operation in the investigation of crime, represents a blatant negation of the democratic process.

It is unacceptable that an agreement which effectively gives far-reaching powers to CIA agents to operate on Irish soil, has been clinched without affording the public an opportunity to discuss the issues involved.

Clinched last week by Justice Minister Michael McDowell and the US Ambassador to Ireland, James Kenny, the crime and terror pact effectively seals a deal signed between the United States and the European Union in June 2003.

Ireland was the 11th EU state to sign a separate deal with the US enabling both countries to form joint investigation teams, take evidence in court from expert witnesses via video-link, and search for suspect foreign bank accounts.

Updating 20-year-old arrangements on extradition and co-operation in the detection of crime between the two countries, it allows CIA agents not only to interrogate suspects here but also to remove them from the jurisdiction under certain conditions. Similarly, the Irish authorities would be given similar rights to conduct investigations within America.

Undoubtedly, the extension of such far-reaching powers to the CIA will send shivers through civil liberty groups, particularly in view of the totally unacceptable methods employed by the Bush regime at Guantanamo Bay in Cuba, where hundreds of al-Qaida suspects are being held without trial contrary to US law.

Effectively, the Government has represented the new deal as a bilateral agreement on mutual assistance in combating ordinary crime and terror, in other words an extension of the original accord.

But the implications go much further. Ultimately, it could have serious constitutional implications since it gives security agents from a foreign country extensive powers to conduct investigations in the Republic.

Because the deal was signed after the start of the summer recess, no debate has taken place in either the Dáil or Seanad about this radical extension of the terms of the existing Irish-US treaty on crime.

It is open to question whether that was mere coincidence or a deliberate tactic by Government to stifle debate.

Instead of being aired in an open and transparent manner, the package was delivered already wrapped, signed and sealed. While legislation giving effect to the agreements will be brought forward in the Criminal

Justice (Mutual Assistance) Bill to be published later in the summer, there can be little doubt the agreement represents a done deal.

When he unveiled the new arrangements, Mr McDowell implied they had nothing to do with the US detention centre in Guantanamo Bay. Indeed, he went out of his way to stress that ordinary crime was as much a target of the agreement as terrorism.

He said the accord would “contribute to enhanced co-operation which is vital if we are to meet the challenge posed by modern transnational crimes such as terrorism, drug trafficking and fraud”.

Given the current international climate, with the spectre of terrorism stalking the globe, there can be no gainsaying that large sections of the Irish public would support such an agreement. Nor can it be denied that many others would trenchantly oppose it.

In the final analysis, the crucial factor is that the representatives of the people should have been given the opportunity to discuss such important issues on the floor of the Dáil and Seanad.

The absence of robust debate on far-reaching measures allowing the CIA to operate in Ireland is an indictment of this Government.