Mr. Niall Burgess:

I thank the Chair for the invitation to appear before the committee today to discuss the role of the Department of Foreign Affairs and Trade in the provision of diplomatic notes which allow foreign military aircraft landing facilities and-or permission to pass through Irish airspace.

The Chairman has already introduced my colleagues so I will not do so again.

The Department's role concerning these issues has already been set out in some detail in two letters to the committee dated, respectively, 18 December last year and 15 May this year. I will set out a short factual overview of Government policy in this respect. I am keen to maximise the time for questions and clarifications and therefore I shall keep my initial comments brief.

The Air Navigation (Foreign Military Aircraft) Order 1952, made under the Air Navigation and Transport Act 1946, gives the Minister for Foreign Affairs and Trade primary responsibility for the regulation of activity by foreign military aircraft in Ireland. The order provides that no foreign military aircraft shall fly over or land in the State without the express invitation or permission of the Minister. It further provides that aircraft shall comply with such stipulations as the Minister may make.

Arrangements under which permission is granted for the landing and overflight of all military aircraft are governed by strict conditions. These include stipulations that the aircraft must be unarmed, carry no arms, ammunition or explosives and must not engage in intelligence gathering as well as that the flights in question must not form part of military exercises or operations. Ireland's long-standing policy of neutrality, characterised by non-participation in military alliances, provides a context within which requests for overflights and landings are considered by the Department of Foreign Affairs and Trade.

Requests for permission are submitted to the Department of Foreign Affairs and Trade by the embassy of the country in question. As part of the decision-making process, the Department circulates these requests to relevant Departments and agencies. I know the committee is particularly focused on the question of landing facilities for US flights at Shannon Airport. Landing facilities have been made available at Shannon since 1959, a practice which has remained in place continuously under successive Governments. The vast majority of troops who transit through Shannon Airport do so on commercial charter aircraft. Primary responsibility for the regulation of civilian aircraft, including chartered flights, lies with the Minister for Transport, Tourism and Sport.

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, the carriage of weapons through Shannon Airport on commercial aircraft is prohibited unless an exemption has been obtained in advance from the Minister for Transport, Tourism and Sport. The carriage of the personal weapons of US military personnel on board chartered aircraft in transit through Shannon Airport is subject to the issuance of an exemption in respect of each flight. Such requests are considered in the first instance by the Department of Transport, Tourism and Sport. The Department of Foreign Affairs and Trade has an opportunity to provide input on any foreign policy issues that may arise.

Questions have been raised about allowing military aircraft to land at Shannon without being subject to routine searches or inspection. Embassies of the countries requesting permission are required to confirm that aircraft are unarmed, carry no arms, ammunition or explosives and must not engage in intelligence gathering and, furthermore, that the flights in question must not form part of military exercises or operations.

It has been the practice of successive Governments to accept in good faith that details provided by diplomatic missions to all Departments are accurate. This approach is in accordance with international practice and reflects the principle of sovereign immunity. Information provided to other states by Irish diplomatic missions seeking diplomatic clearance for flights undertaken by the Air Corps is similarly accepted by those countries to be accurate. I am happy to take any questions concerning the Department's role in implementing Government policy on overflights and landings.