Many questions over the state of Irish neutrality

AT the FF Árd Fheis in Killarney, Brian Cowen stated the advice of the Attorney General (AG) to successive Irish governments on the issue of granting facilities to US troops and flights at Shannon airport during the war against Iraq (in which an estimated 30,000 people were killed) was that “the provision of such facilities does not, in international law, constitute a participation by Ireland in a military action”.

Mr Cowen also insisted that Irish neutrality had not been called into question (Irish Examiner, October 13).

In the first case, it is not at all clear that the advice of the Attorney General was either clear or to the effect claimed by Mr Cowen.

In his address to members of the Dáil on March 20, 2003, (when the Dáil approved the Government's decision on US use of Shannon) the Taoiseach, Bertie Ahern referred to this same advice from the AG.

He informed our TDs that this advice letter was included in the file of information before them the problem was that this letter of advice was not before the TDs, because a last-minute decision appears to have been made to remove this letter of advice from the scrutiny of the Dáil deputies.

In April 2003, when I brought Misters Cowen, Ahern, Brennan, Ireland, et al before the High Court, in a constitutional challenge to US use of Shannon, and attempted to discover this mysterious AG's letter of advice, the Government refused to produce it, claiming privilege.

If Cabinet confidentiality was one of the reasons for the secrecy, then is Mr Cowen in breach of Cabinet confidentiality by purporting to reveal the contents of this document?

Secondly, and most importantly, on April 19, 2003, Mr Justice Kearns ruled, in the High Court in the aforementioned case, that Irish neutrality was breached by US military use of Shannon, and that Ireland was in breach of the Hague Convention on neutrality and of customary international laws on neutrality.

Since Mr Cowen was one of the defendants in this case it is inconceivable that he is not aware of this decision.

Is Mr Cowen now in contempt of the High Court by seeking to contradict Judge Kearns' decision, or is he in either in denial or just being disingenuous?

Edward Horgan,

Newtown,

Castletroy,

Limerick.