Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

As I have outlined in previous replies, responsibility for the regulation of foreign aircraft is determined by whether such aircraft are designated as civil or military aircraft.

The regulation of civil aircraft is governed by the Convention on International Civil Aviation, the Chicago Convention, which came into force on 4 April 1947. Ireland's rights and obligations under the convention have been incorporated into Irish law through the Air Navigation and Transport Act 1946, as amended. The legislation provides that the Minister for Transport, Tourism and Sport has primary responsibility for the regulation of civil aircraft, including chartered flights. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989, civil aircraft are prohibited from carrying weapons or munitions over Ireland or into Irish airports unless they receive an exemption from the Minister for Transport, Tourism and Sport.

Responsibility for the regulation of activity by foreign military aircraft is accorded to the Minister for Foreign Affairs and Trade under the Air Navigation (Foreign Military Aircraft) Order 1952. This order states that military aircraft means "aircraft used in military service" and that aircraft "including naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose shall be deemed to be an aircraft used in military service". Arrangements under which permission is granted for foreign military aircraft to land at Irish airports are governed by the strictest conditions. These include stipulations that the aircraft must be unarmed, carry no arms, ammunition or explosives, and must not engage in intelligence gathering, and that the flights in question must not form part of military exercises or operations.

The respective roles of my Department and the Department of Transport, Tourism and Sport in the regulation of military and civil aircraft are consistent with international practice. I do not consider that any changes are warranted in my Department's role in these matters.

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