Mr. Niall Burgess:

I would distinguish between essentially civilian flights and military flights in terms of the powers of search. Civilian aircraft come under a different legal framework. This is the framework of the Chicago convention which was incorporated into Irish law by the Air Navigation and Transport Act 1946.

Military aircraft and military landings are regulated in a different way. They do not come under the Chicago convention. They are subject to the Air Navigation (Foreign Military Aircraft) Order 1952. Sovereign immunity applies to military aircraft. I will say a word about sovereign immunity. Under Article 29 of the Constitution, Ireland accepts the generally recognised principles of international law as our rule of conduct in relations with other states. Sovereign immunity is a long-standing principle of international law. We do not grant sovereign immunity, it applies automatically. In line with this principle a state may not exercise its jurisdiction in respect of another state or its property, including state or military aircraft. It is a reciprocal principle. The principle applies to Irish state and Air Corps craft when they are out of the State.

Civilian aircraft include chartered aircraft carrying troops, for example, through Shannon. There are powers of search. The Air Navigation and Transport Act provides statutory powers of entry and arrest for a Garda officer who knows or reasonably suspects that a person has committed a crime. However, there is no basis under that legislation for random or routine entry or search of aircraft.

The question of sovereign immunity and the wider issue of rendition was raised. When the issue of rendition first emerged it was raised by the then Taoiseach with President Bush and with the US Secretary of State by the Minister for Foreign Affairs. Categoric assurances were given, subsequently confirmed at official level, that no transfers of prisoners subject to extraordinary rendition had taken place through Ireland. Bilateral relations between friendly nations are founded on the principle of mutual trust. Both parties have an interest in maintaining that trust and not undermining it. Therefore, the details supplied to the Department of Foreign Affairs and Trade by diplomatic missions are accepted in good faith as being accurate.