Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We have the Air Navigation (Foreign Military Aircraft) order 1952 which clearly states that:

No foreign military aircraft shall fly over or land in the State save on the express invitation or with the express permission of the Minister [for Foreign Affairs and Trade].

The Minister for Foreign Affairs and Trade has primary responsibility for the regulation of this activity. Clear stipulations have been put in place that they must be unarmed, carry no arms, ammunition or explosives and that they must not engage in intelligence gathering. The bilateral relations between friendly states, as we are with America, is founded on mutual trust. Both parties have an interest in maintaining that trust. Details provided by diplomatic missions include confirmation that the aircraft are unarmed, carry no arms, and that ammunition or explosives are not on board and are therefore accepted in good faith and are accepted as being accurate. We must do that in accordance with international practice. Foreign military aircraft which are given permission to land in Ireland are not subject to inspection in this regard but sovereign immunity, a long-standing principle of customary international law, means that a state may not exercise its jurisdiction in respect to another state or its property, including state and military aircraft.

These principles apply automatically to foreign state or military aircraft in the same way that they apply to Irish State or military aircraft abroad. We are not applying one rule to somebody else and not to ourselves. To reiterate, our neutrality is in no way compromised. The Tánaiste and his Department are satisfied that the arrangements relating to the transit of US military personnel and the landing of US military aircraft at Shannon Airport do not challenge or undermine the policy of military neutrality in any way. This is of course something which we will continue to monitor and we will continue to engage with the US troops in the region on a daily basis.

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