Dáil debates

Tuesday, 27 November 2012

Ceisteanna - Questions - Priority Questions

State Airports

2:20 pm

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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To ask the Minister for Transport, Tourism and Sport the reason the 1944 Convention on International Civil Aviation (Chicago Convention) and Section 33 of the Air Navigation and Transport Act (1988) have been regularly used to impede peaceful protest and monitoring of US military planes at Shannon Airport, but no action has been taken under Article 16 provisions of the Chicago Convention in relation to the searching of planes suspected of involvement in renditions or arms transportation; and when this situation will be rectified. [53028/12]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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This question is about the Chicago Convention which relates to civil aviation and section 33 of the Air Navigation and Transport Act 1988. The latter conveys powers on authorised persons to be used, inter alia, in the interests of ensuring the proper operation or the security or safety of an airport.  These powers may also be exercised by members of An Garda Síochana.  I can confirm that officials of my Department who are certified as authorised persons under sections 18 and 33 of the Act of 1988, as amended, have never used the powers provided in these sections for the purposes of interfering with protesters. However, it is, of course, unlawful for unauthorised persons to access the security restricted area of an airport. Any person who does so, including a protestor, may be liable to prosecution. I am advised by the Minister for Justice and Equality that An Garda Síochána has powers of entry and search where there are reasonable grounds for believing an offence has been committed. Where complaints of alleged unlawful activity concerning the use of Irish airports have been made to An Garda Síochána, investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In the cases investigated, no further action was found to be warranted owing to a lack of evidence of unlawful activity.

The Chicago Convention applies only to civil aircraft and, therefore, the provisions of Article 16 of the convention in respect of the right to search aircraft do not apply to aircraft used in military, customs and police services which are deemed to be state aircraft. As I have stated in the House previously, I am advised that the previous Government received unique assurances, from the highest level of a friendly state, that no extraordinary rendition had taken place through Ireland.  I am also advised that it received legal advice that it was entitled under international law to rely on these assurances which were unqualified and unequivocal that no prisoners had been subject to extraordinary rendition through Ireland.

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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As the Minister indicated, the question relates to a provision in respect of the safety of airlines and was tabled in order to highlight the double standard. While the convention may not have been used against protesters, it is clear that legislation has been used to stop them. In addition, there is a very lax regime in place in respect of aircraft. I accept that there is an overlap with the Department of Justice and Equality in this regard. Almost 10,500 US flights, either military or civil, have traversed our airspace or landed at Shannon Airport during the past four years. The Minister has confirmed that not one of these aircraft was searched. I do not believe it is adequate to accept an assurance from the US authorities to the effect that just because they have given their word, this should be good enough. As the person with responsibility for the safety of airlines and airports, why has the Minister not initiated a process of random inspections to ensure that safety?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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I do not believe I stated inspections had never been carried out. I said the powers under section 33 of the Air Navigation and Transport Act 1988 had never been used by officials of my Department. I cannot state whether the Garda has ever used these or other powers available to it. Where investigations have ensued, files have been submitted to the Director of Public Prosecutions. Further action was not warranted in any of the cases investigated. This was because there was no evidence of unlawful activity.

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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The cases to which the Minister refers are those brought against protestors. I was merely using them as an example. What I am actually seeking is for the Minister to indicate the action he has taken against airlines and aircraft which may be involved in renditions or the transportation of arms. He has confirmed that he has taken no steps whatsoever to carry out searches of such aircraft.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The assurance we have been given from the highest level is that no prisoners are being rendered, extraordinarily or otherwise, through Irish airports. We have no evidence that renditions have taken place and I have no reason to believe they have occurred. There is a difference between military and civil aviation.

My Department deals only with civil aviation. Civil aircraft carrying weapons or munitions of war landing in or overflying Ireland must have a permit issued by me under the air navigation orders of 1973 and 1989. As outlined, the majority of flights transporting US military personnel through Shannon Airport are operated by commercial airlines under contract to the US military. This means they have civil as opposed to military status.

2:30 pm

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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I advise the Minister to contact Amnesty International.