Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I thank the members of the committee for the opportunity to speak to them on this important topic. It is the first time I have had the opportunity to address this committee. I hope that my contribution will be of help to the members in the work they are doing.

Dr Horgan’s petition touches on many important matters such as Ireland's traditional policy of neutrality and our views and policy with respect to international human rights laws. In its initial consideration of the petition, the committee found that the claims made by the petitioners are very serious. The petitioners made an oral presentation to the committee last June and I understand the members of the committee made a fact finding visit to Shannon Airport in October. The Secretary General of the Department of Foreign Affairs and Trade also appeared before the committee last December to discuss the role of that Department in decisions relating to foreign military aircraft.

In March of last year the committee wrote to my Department seeking clarification on a number of matters related to the petition. In response the Department pointed out that many of the issues raised by the petition are more relevant to the Department of Foreign Affairs and Trade. In addition to its appearance before the committee in December, the Department of Foreign Affairs and Trade also addressed these issues in some detail in its written responses to the committee in December 2013 and March 2014. In advance of meeting the members here this afternoon, my Department has also provided the committee with a comprehensive briefing note, which updates and elaborates on the information provided in the Department’s previous letter.

Before addressing the matters that fall within my remit, it is useful to briefly set out the historical context. The transit of US military through Irish airspace and airports is a longstanding practice, which began shortly after the Second World War. Successive Irish Governments have maintained this practice and Ireland has never withdrawn or suspended these facilities. Similarly, successive governments have deemed this to be compatible with Ireland's traditional policy of military neutrality, which is characterised by non-participation in military alliances.

I must make it clear at the outset that as Minister for Transport, Tourism and Sport, my functions in regard to the use of Shannon Airport and Irish airspace by the US military are limited. The relevant functions that I have are outlined in detail in the briefing note provided to the committee.

The issues that are of most concern to the petitioners fall outside the remit of my Department. Questions relating to Irish foreign policy, Ireland’s neutrality, alleged extraordinary rendition and the role of the Garda Síochána are not matters on which I am able to comment in any detail. Similarly, I have no role in regard to flights by military or state aircraft through Irish airspace or landing at Irish airports. Such flights require the permission of the Minister for Foreign Affairs and Trade under the Air Navigation (Foreign Military Aircraft) Order 1952.

A clear distinction is made in both international and national law between military aviation and civil aviation. I am responsible for matters relating to Irish civil aviation legislation and policy.

The 1944 Chicago Convention is the main international treaty governing the operation of civil aviation. Article 3 states that the convention is not applicable to state aircraft, being aircraft used in military, customs or police services. The convention set up the International Civil Aviation Organization, ICAO, a specialised agency of the UN. Ireland was a founding signatory of the convention, has fully ratified it and is an active participant in the ongoing work of ICAO.

At the core of civil aviation law at international, EU and national level is the safety and security of aircraft and persons on board aircraft. It is the responsibility of my Department and the Irish Aviation Authority to ensure that civil aviation using Irish airspace does so in as safe and secure a manner as possible. For good reason, civil aviation is one of the most regulated industries in the world. A comprehensive legal framework at global, EU and national levels applies to all civil aviation using Irish airspace, irrespective of what or who is on board such aircraft.

Civil aircraft have been used by the defence forces of many countries for various purposes for many years. For instance, the Irish Defence Forces often charter civil aircraft to deploy personnel on UN peacekeeping missions abroad. Civil aviation law applies to aircraft being used by the military in the same way as it applies to other civil aircraft. The petition focuses on the use of Shannon Airport and Irish airspace by the US military in particular. Like all other civil aircraft, when such aircraft are used by the US military in Irish airspace, my primary role is to ensure that these aircraft are operated safely and securely, in accordance with applicable laws.

Article 35 of the Chicago Convention states that no civil aircraft may carry munitions of war over a state without that state’s permission. This requirement is ratified in Irish law in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended. Under the 1973 Order the carriage of weapons and munitions of war is prohibited in any civil aircraft in Irish airspace and on board any Irish registered aircraft, unless an exemption is granted by the Minister for Transport, Tourism and Sport. The Chicago Convention and the 1973 order apply to munitions of war only, not to military personnel who may be on board civil aircraft.

I have already provided the committee with statistics on exemptions issued under the 1973 order. In 2014, a total of 584 exemptions were issued, a significant decrease from a peak of 1,495 exemptions issued in 2007. The period 2005 to 2011 saw the highest number of exemptions issued. The vast majority of the exemptions granted under the order relate to munitions of war belonging to the US military - this is more a function of geography than policy. Since 2011 there has been a consistent reduction in exemptions due to the withdrawal of US troops from Iraq and the withdrawal of US troops from Afghanistan.

In many cases, for these flights operated on behalf of the US military for which exemptions are issued, the most direct flight path between points in North America and points in continental Europe passes through Irish airspace. The US Department of Defence has used civil aircraft to transport troops and munitions of war between the US and Europe since the Second World War.

In accordance with the provisions of the 1973 order, my Department operates a procedure under which airlines wishing to carry weapons or munitions through Irish airspace or airports must apply for each individual flight at least 48 hours in advance.