Eamon Gilmore (Dún Laoghaire, Labour) | Oireachtas source

I propose to take Questions Nos. 86 and 115 together. I am not aware of any new special arrangement in place for the refuelling of Canadian military aircraft at Shannon Airport. In accordance with Article 29.3 of the Constitution, Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other states. Sovereign immunity, also known as State immunity, is a long-standing principle of customary international law. Sovereign immunity is recognised as applying in respect of foreign state or military aircraft. Sovereign immunity is not granted by any decision of the Government, but applies automatically as a matter of law. However, there are legal rules governing the entry of foreign state aircraft into Irish territory.

Under the Air Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft require the permission of the Tánaiste and Minister for Foreign Affairs and Trade to overfly or land in the State. Permission is requested by the embassy of the country concerned. When overflight or landing permission is granted to foreign military aircraft, certain conditions are normally applied, such as that the aircraft are unarmed, are not carrying arms, ammunition or explosives, are not engaged in intelligence gathering and are not taking part in military exercises or operations. These conditions apply to all military aircraft landing at Shannon Airport.

The doctrine of sovereign immunity is recognised in Irish law, although there is no domestic legislation on the topic. This was acknowledged by the Supreme Court in the case of Canada v. Employment Appeals Tribunal, 1992. There is no incompatibility between Ireland’s respect for the principle of sovereign immunity and its traditional policy of neutrality, which is characterised by non-participation in military alliances. Similarly, as the doctrine of sovereign immunity is recognised by the international community, respect for the principle does not interfere with Ireland's fulfilling the obligations arising from the international treaties to which the State is a party.

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