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

I will not accept these amendments, on the basis that there are already sufficient powers in existing legislation. While I appreciate the intent of the Deputies in wishing to restate the powers of authorised officers to search aircraft and conduct interviews, there has not been sufficient time to discuss them with the Department of Foreign Affairs and Trade, the Department of Justice and Equality and the Garda Síochána. Separately, I wish to point out that section 48 applies to all of the airports, not just Shannon Airports. This is not a special provision for Shannon Airport but is simply a restatement of existing law and it applies to all of the airports.

I am advised that An Garda Síochána has extensive powers of entry, search and seizure available to it as part of its duty to prevent and detect crime in order to protect the constitutional rights of individuals where there are reasonable grounds to suspect that an offence is being committed. In addition to these powers, under section 18 of the Air Navigation and Transport Act 1988, as amended by the Air Navigation and Transport (Amendment) Act 1998, to satisfy the Minister for Transport, Tourism and Sport that the necessary security and safety standards are being complied with, an authorised person or a member of an Garda Síochána has the power to first, enter any airport and inspect the airport and any apparatus, equipment or other thing therein; second, to enter any aircraft at any airport and inspect any apparatus, equipment or other thing therein or thereon; third, to require the operator of the airport or, as the case may be, of the aircraft concerned to furnish within such time as the authorised person may specify such information as he considers necessary for the purposes of the inspection referred to in paragraphs (i) and (ii); and, fourth, to restrict the operation of the airport or detain any aircraft during such time as is required for the exercise of his powers under the section.

It is reasonable to point out that sufficient powers already exist in law for the Garda or authorised persons to inspect aircraft, question people or inspect an airport. The point perhaps being made by Deputies is that while the law might be in place, it is not being enforced. I will return to that later.

There are also specific arrangements in place governing military aircraft and commercial aircraft carrying munitions of war. By law, foreign military aircraft may not overfly or land in the State without the express permission of the Minister for Foreign Affairs and Trade, as set out in the Air Navigation (Foreign Military Aircraft) Order 1952. As a matter of policy, Ireland does not allow foreign military aircraft overflying or landing in the State to be armed, to carry arms, munitions or explosives or to engage in intelligence gathering; nor may they engage in military exercises or operations. Requests for diplomatic clearance of overflights and landings of foreign military aircraft are sent from the embassy of the country concerned directly to the Department of Foreign Affairs and Trade. After consulting with relevant stakeholders, the Department makes the final decision on whether to permit the overflight or landing. Diplomatic clearance is generally granted subject to assurances from the embassy that the conditions outlined are being met.

In accordance with international practice, foreign military aircraft passing through Ireland with the permission of the Government are not subject to routine searches or inspections. The principle of sovereign immunity applies automatically to foreign state or military aircraft, as it applies to Irish State or military aircraft abroad. The Government will continue to follow the practice of previous Governments whereby, in accordance with international practice, details to the Department of Foreign Affairs and Trade by diplomatic missions are accepted in good faith as being accurate. Based on this practice, information provided to other states by Irish diplomatic missions seeking diplomatic clearance for flights undertaken by the Irish Air Corps is similarly accepted by those countries to be accurate.

The carriage of weapons and munitions on commercial or civilian aircraft is prohibited under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended, unless an exemption has been obtained from the Minister for Transport, Tourism and Sport. My Department operates a procedure under which airlines wishing to carry weapons or munitions through Irish airspace or airports apply on a standard form. My Department seeks the views of the Department of Foreign Affairs and Trade with regard to foreign policy issues, the Department of Justice and Equality on security issues and the Irish Aviation Authority on aviation safety issues. A copy of the application is also sent to the Department of Defence. If any of these bodies objects, the Minister does not grant an exemption. On occasion, exemptions have not been granted.

The majority of exemptions granted relate to aircraft carrying military personnel accompanied by their personal weapons, but the exemptions issued under this legislation may also cover some flights carrying arms, ammunition and explosives. Munitions which are indiscriminate in nature are generally refused. The Department of Foreign Affairs and Trade will object to an exemption being issued if there are foreign policy concerns about the type of cargo on board or the intended recipients.

Any person with credible information that Irish airports have been used for any alleged unlawful purpose, including human trafficking, smuggling, kidnapping or other illegal transportation of persons, should immediately report their concerns to An Garda Síochána, which has the responsibility for investigating such matters. On the basis of such reporting or any other information, where the Garda reasonably suspects that an offence is being committed, statutory powers of entry and arrest are available, as I have outlined. It is considered that all reasonable, appropriate and sufficient measures have been, and are being, taken to ensure that Irish airports are not being used for unlawful activity.

With regard to so-called extraordinary rendition, the Government has on several occasions made it clear to the US authorities that it would be illegal to transit prisoners for rendition purposes through Irish territory without the express permission of Irish authorities, acting in accordance with Irish and international law. The US authorities, for their part, have confirmed that they have not done so, and would not do so without seeking the permission of Irish authorities. The assurances Ireland has received in respect of such allegations are clear and categorical relating to the facts and circumstances within the full control of the US Government and were made at the highest level.

The Government will continue to follow the long-standing practice whereby assurances given to the Department of Foreign Affairs and Trade in this area are accepted in good faith as being accurate. The Minister for Foreign Affairs and Trade has clearly stated that Ireland does not and will not permit the use of Irish airspace and Irish airports for flights associated with so-called extraordinary rendition, a practice to which the Government is firmly opposed. Certainly, I am not aware of any instruction given to the Garda not to search aeroplanes. Having been in office for just over three years, I am not aware of there being any unlawful rendition through Irish airports. I did ask. I have not adopted a "don't ask, don't tell" approach to this. On taking office, I asked if there was anything I needed to know about Shannon and unlawful rendition and I was assured by my senior officials that there was not.

The number of military transits is falling. The number of troops going through the airport has been falling recent years. Most of the troops travelling through Shannon are travelling to and from bases in other European countries or in countries where the bases are in those countries at the request and invitation of the governments of those countries.

The vision for Shannon which is laid out in this Bill is not as a military airport. The vision for Shannon of the future is of a very busy civilian airport, transiting civilian passengers and cargo to and from Ireland and surrounded by an aviation industry hub.

That is very much the vision that is enshrined in this Bill for the future of Shannon. It is not designed to be an airport that is kept open as a result of military flights and the contents of the Bill demonstrate that.

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