Seán Sherlock (Cork East, Labour) | Oireachtas source

For clarity, in regard to civil aircraft, An Garda Síochána has statutory powers of entry and arrest. However, these powers can only be exercised where a garda knows or reasonably suspects that a person has committed an offence. There is no legislative basis to permit random or routine entry to or a search of civilian aircraft for the purpose of the detection of any offence. Amendments to these legislative provisions are the responsibility of the Departments of Transport, Tourism and Sport and Jobs, Enterprise and Innovation. Day-to-day implementation of these provisions is an operational matter for An Garda Síochána.

The Deputy has spoken specifically of military aircraft. The situation in this regard is different. Under the Chicago Convention, which provides the basis for the regulation of international civil aviation, military aircraft are deemed to be state aircraft and are excluded from the application of that convention. Accordingly, section 3 of the Air Navigation and Transport Act 1946 excludes state aircraft from its provisions. This is subject to the wider provisions of the Chicago Convention. Again, for the purposes of this legislation, which is a customs Bill, I cannot accept the amendments.