R 221736Z JAN 09 FM AMEMBASSY DUBLIN TO RUEHC/SECSTATE WASHDC 9717 C O N F I D E N T I A L SECTION 01 OF 02 DUBLIN 000038 SUBJECT: FURTHER INFORMATION ON IRELAND'S ACCEPTANCE

OF GUANTANAMO DETAINEES REF: A. DUBLIN 707 B. DUBLIN 019 Classified By: CDA ROBERT J FAUCHER. REASONS 1.4 (b/d) 1. (C) Summary. Ireland has resolved interministerial differences and publicly signaled its readiness to accept Guantanamo detainees as part of a collective EU response to a clear U.S. roadmap leading to Guantanamo's closure. Ireland is ready to consider resettlement of at least one or two detainees. An official message of encouragement and support from the U.S. could encourage Ireland to take a more generous stance. End Summary. --------------------Ahern: A New Context --------------------2. (U) Irish Justice Minister Dermot Ahern told

the press January 21 that Ireland would be willing to resettle Guantanamo Bay detainees if a common EU approach were found. In his statement, Ahern welcomed the priority that the President gave to closing Guantanamo and declared that the President's suspension of military trials of Guantanamo detainees had created "a new context." Ahern stressed that any Irish move should be part of a united and positive response at the EU level to a request made by the new administration for help in bringing about Guantanamo's closure. He added that EU Foreign Ministers are expected to discuss the issue at their January 26 EU General Affairs and External Relations Council (GAERC) meeting in Brussels. -------------------Aylward: One or two -------------------3. (C) Justice Ministry Secretary General Sean Aylward (protect) told the Embassy January 22 that Ahern's statement was not really a reversal of Ahern's previously stated opposition to accepting any detainees. He explained that Ireland felt strongly that, by accepting detainees while Guantanamo was still opened, Ireland would have only encouraged/enabled continued use of Guantanamo. The President's announced intention to close Guantanamo provided the incentive Ireland needed to re-consider whether it would accept detainees and created the cover Ireland required to defuse any "hysterical anti-American reaction" caused by the appearance of detainees in Ireland.

4. (C) Ireland will only accept detainees as part of an all-EU approach, according to Aylward. There will be no bilateral deal outside of an EU context, he stressed. The U.S. should expect Ireland to accept a small number of detainees, perhaps only one or two, proportionate to the size of Ireland's population. Ireland's sour experience with resettling two Palestinian extremists connected to the siege of the Church of the Nativity has taught Ireland that it does not have the capacity to handle large groups of such persons, Aylward added. If this process moves forward, Ireland would also want to ensure that whomever it selects also wishes to stay in Ireland. Aylward stressed that Ireland would not work through any of the NGOs currently trying to place the detainees, and he termed "counter-productive" the pressure from U.S. Congressman Delahunt to accept the detainees promoted by NGOs such as Amnesty International. (Note: Delahunt sent a November 8, 2008 letter to Ahern urging Ireland to settle Uzbek national Oybek Jabbarov. End Note.) 5. (C) Aylward stated that the EU needs an exact date/roadmap for closure in order to prepare a collective response. He thought the positions of several countries were changing, the Danes and Swedes in particular. He warned that many in the EU would find it galling if the United States were to refuse to accept any of the detainees. Aylward suggested that a message in the near future from the Secretary to Prime Minister Cowen that notes Ireland's helpful stance on Guantanamo could significantly relieve any Irish hesitancy on this issue.

----------------------------------Montgomery: Political Cooperation ----------------------------------6. (C) Irish Foreign Ministry Political Director Rory Montgomery (protect) told the Embassy January 22 that, although there has been some discussion among ministries, no formal proposal has been placed before the Cabinet. Prime Minister Cowen has requested a paper on the issue of Guantanamo detainees, Montgomery pointed out, demonstrating Ireland's willingness in principle to consider accepting detainees. Two issues must be clear, Montgomery added: (a) the EU/Ireland will need a clear U.S. roadmap that leads to closure, and (b) Ireland must coordinate its response with its EU partners. 7. (C) Montgomery stated that at the January 26 GAERC, Guantanamo will be raised as an agenda point under "any other business." He noted that the January 22 COREPER agreed that the EU needs to provide a positive and public response to the President. He did not expect a formal conclusion but thought there would be a very positive (but legally non-binding) Presidency statement following the Foreign Ministers' discussion. Ireland will make the following points at the GAERC: -- The EU has long called for the closure of Guantanamo and should welcome the President's decision but expect the closure process to be complex.

-- Ireland is positively disposed to helping out but there should be an EU political commitment to share the burden of the detainees. -- All EU member states should keep this issue on their agendas of bilateral meetings with U.S. officials. ------Comment ------8. (C) Comment. Now that inter-ministerial differences have been settled (reftel), Ireland is steeling itself to move into a leadership role on this issue within the EU. U.S. official encouragement now would likely produce a more generous Irish response at these early stages. FAUCHER (Edited and reading.) reformatted by Andres for ease of