Seán Sherlock (Cork East, Labour) | Oireachtas source

Before responding to Deputy Tóibín's question, I will address amendments Nos. 6 and 7. Amendments Nos. 6 and 7 tabled by Deputy Doherty are to section 6, which provides that the Revenue Commissioners may appoint, for the purposes of the Customs Acts, any place in the State as a customs port or a customs airport for the arrival and departure of vessels and aircraft into or out of the State.

The effect of the amendments, if accepted, would be to place in section 6 a legal requirement on the Minister for Finance to make regulations as to how controls of vessels and aircraft are to be applied to foreign military naval craft and foreign military aircraft, respectively, which land in the State. At present section 6 does not contain provisions relating to the control of either vessels or aircraft arriving into or departing from the State. Therefore, the two amendments are not relevant to the section.

Provisions relating to the control of vessels and aircraft are, however, contained in sections 8 to 11, inclusive. It is the intention that the Revenue Commissioners will make regulations under these sections specifying the arrangements that will apply to different types and classes of vessels and aircraft arriving in or departing the State. Under section 39, regulations made by the Revenue Commissioners regarding, inter alia, the procedures relating to conveyances, including vessels and aircraft, are to be laid before the Dáil.

However, on the substantive point in both amendments, namely, the controls that are to be applied to foreign military naval craft and foreign military aircraft which land in the State, such aircraft or vessels are not liable to inspection or search due to internationally accepted principle and customary law on sovereign immunity. Essentially, there is no right in international law for any state's military aircraft to enter the sovereign airspace of another state nor is there a right of naval vessels to enter the territorial waters of another state. Entry requires the consent of the state concerned and, of course, there is no obligation to grant it. However, once granted, the vessel or aircraft concerned enjoys sovereign immunity from the jurisdiction of the consenting state and if it violates any conditions attached to that consent, the only remedy available to the consenting state is to require it to leave its waters or airspace.

As the proposed amendments would impinge upon internationally agreed principles and customs law, the Government cannot accept these amendments.