Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

As the Deputy is aware, the Minister for Transport has confirmed that his Department is examining the allegations made in the media regarding civil aircraft flights and the carriage of munitions of war.

I underline that it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign airspace without being granted an exemption to do so by the Minister for Transport. The system of exemptions is operated by the Department of Transport under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989. These orders implement the 1944 Chicago Convention on International Civil Aviation, which provides that no civil aircraft may carry munitions in or above the territory of a state without that state's permission.

In 2023, and to date in 2024, no applications have been received or exemptions granted for the carriage of munitions of war on civil aircraft to a point in Israel. There have been allegations made in respect of a number of air operators over the past weeks. The Department of Transport is engaging with those air operators and working to establish the nature of the cargo concerned. This work is ongoing and will seek to ensure that any action taken is on the basis of established facts. At the end of August, the Department of Transport arranged for the issue of a notice to airmen, NOTAM. This served to further remind air operators of their obligation to seek an exemption to carry munitions of war.

It is important to draw a distinction between Irish sovereign airspace and Irish-controlled airspace. The provisions of the air navigation orders are only applicable within Irish sovereign airspace. This is not the case with regard to Irish-controlled airspace, which is a larger area of airspace where Ireland's role is limited to providing certain air traffic control services.

I assure the House that in considering any applications for exemptions in respect of munitions of war, the Department of Transport consults with the Department of Foreign Affairs and the Department of Justice on applications to determine if there are foreign policy or security considerations to take into account. This process includes the provision of advice from my Department in respect of international humanitarian law, Ireland's international obligations and our wider arms control, disarmament and non-proliferation policy.

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