Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

This question is about the Chicago Convention which relates to civil aviation and section 33 of the Air Navigation and Transport Act 1988. The latter conveys powers on authorised persons to be used, inter alia, in the interests of ensuring the proper operation or the security or safety of an airport.  These powers may also be exercised by members of An Garda Síochana.  I can confirm that officials of my Department who are certified as authorised persons under sections 18 and 33 of the Act of 1988, as amended, have never used the powers provided in these sections for the purposes of interfering with protesters. However, it is, of course, unlawful for unauthorised persons to access the security restricted area of an airport. Any person who does so, including a protestor, may be liable to prosecution. I am advised by the Minister for Justice and Equality that An Garda Síochána has powers of entry and search where there are reasonable grounds for believing an offence has been committed. Where complaints of alleged unlawful activity concerning the use of Irish airports have been made to An Garda Síochána, investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In the cases investigated, no further action was found to be warranted owing to a lack of evidence of unlawful activity.

The Chicago Convention applies only to civil aircraft and, therefore, the provisions of Article 16 of the convention in respect of the right to search aircraft do not apply to aircraft used in military, customs and police services which are deemed to be state aircraft. As I have stated in the House previously, I am advised that the previous Government received unique assurances, from the highest level of a friendly state, that no extraordinary rendition had taken place through Ireland.  I am also advised that it received legal advice that it was entitled under international law to rely on these assurances which were unqualified and unequivocal that no prisoners had been subject to extraordinary rendition through Ireland.

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