Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I thank the Minister of State, Deputy Lawless, for allowing me to address this question.

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989, the carriage of munitions of war by civil aircraft in Irish sovereign territory and by Irish-registered civil aircraft, wherever they are operating, is prohibited, unless an exemption from this prohibition is granted by the Minister for Transport. From 19 August, media reports began to be published alleging contraventions Irish legislation by a number of air operators. As the Deputy can appreciate, it was important that my Department verified in the first instance that the alleged operations did, in fact, enter Irish sovereign airspace and not just the broader area of Irish-controlled airspace outside of our jurisdiction. Once this information has been verified my officials are then in a position to engage with the air operators concerned to seek detail in relation to the cargo carried.

Although the examination of what was carried on these flights is ongoing, provisionally it appears that several may not have been required to seek an exemption. It appears that some of the cargo carried may not have required an exemption, or at the very least there is ambiguity as to whether an exemption may have been required. The Deputy will appreciate that I must ensure that any future action that may be taken regarding any alleged contravention of our laws will not be prejudiced by anything that I might say in this House. As such, I cannot speak to the specificity of the initial analysis undertaken by officials.

The issue of overflights and the operation of air traffic management is a complex matter. Circumstances can arise where an air operator is directed or required by air traffic control to enter the sovereign airspace of a territory that it initially had not intended to operate in, thus it had not anticipated requiring certain permissions from that State. This could be for several reasons such as weather issues or traffic flow management. Examining each individual flight’s cargo and understanding the reasoning for the route flown is complex and time-consuming. My officials are continuing to examine the information received to date and are seeking additional information as needed. I await the completion of these examinations by my officials. The actions to be taken then will have to be determined in accordance with the provisions of the legislation. An offence is provided for in Irish law and my officials are exploring the legal powers which regulate this matter.

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