Clare Daly (Dublin North, United Left)
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10. To ask the Minister for Foreign Affairs and Trade if there are plans to transfer responsibility for the oversight of all military aircraft, including civilian aircraft carrying troops, and seeking weapons exemptions, passing through Irish airports and airspace, to his Department, in the interests of transparency and accountability; and if he will make a statement on the matter. [8085/15]

Clare Daly (Dublin North, United Left)
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We obviously have a very peculiar situation in Ireland where foreign military aircraft can overfly and land based on permission received from the Department of Foreign Affairs and Trade, but yet tens of thousands of troops and weapons are being carried on civilian aircraft under the remit of the Minister for Transport, Tourism and Sport. When the Departments of Justice and Equality and Defence are added in, we have everybody being responsible and nobody being responsible. Has the time now come for all these issues to be brought under the control of the Department of Foreign Affairs and Trade?

Charles Flanagan (Laois-Offaly, Fine Gael)
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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.

Clare Daly (Dublin North, United Left)
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That is probably the Minister's worst answer ever. He spent all the time up to the final five seconds outlining the existing system when the question was specifically whether we should change it. Last year 741 foreign military aircraft were given permission to land in Ireland. The Minister is claiming they were all unarmed and were not involved in anything. I would like to know what he thinks they actually were doing. Similarly with civilian aircraft, more than 600 exemptions were sought from the Department of Transport, Tourism and Sport for the passage of ammunition and personal weaponry for 55,000 soldiers who transited on civilian aircraft. Did the Minister see the media reports that two people gave evidence in court during the week that they had seen guns and ammunition on civilian aircraft? Is it not time to centralise all applications for exemptions in the Department of Foreign Affairs and Trade?

Charles Flanagan (Laois-Offaly, Fine Gael)
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I am aware of issues before the court, as indeed is the Deputy. She will be aware of the current regulations in respect of the inspection of civil aircraft. In that regard the Minister for Transport, Tourism and Sport bears responsibility. Authorised officers of the Irish Aviation Authority have the power to inspect all civil aircraft in Ireland for the purposes of ensuring full compliance with the Air Navigation and Transport Act. With regard to civil aircraft, the appropriate orders empower an authorised officer to enter and inspect an aircraft if it is suspected that the provisions on carrying munitions of war are being contravened. In addition, where there are reasonable grounds to suspect that a criminal offence is being committed, the Garda Síochána has available powers of entry, search and seizure as part of its duty to prevent and detect crime. In accordance with international practice, foreign military aircraft passing through Ireland with the permission of the Government are not subject to routine inspections and searches.

Clare Daly (Dublin North, United Left)
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I beg to differ. I do not think we are in sync with international practice at all. No search has ever been carried out on any aircraft. Deputy Wallace rang the Garda in Shannon last week to report his suspicions of two aircraft that had landed. The Garda would not carry out a search because it claimed it did not have enough evidence, which is the very point of why it would need to search in the first place.

These are very serious issues. The Secretary General of the Department of Foreign Affairs and Trade gave evidence to the Joint Committee on Public Service Oversight and Petitions prior to Christmas. He said that these aircraft were given specific permission to carry personal weaponry and get the exemption based on the fact that the armoury would be in the hold and not accessible.

Information appeared in the press on Tuesday about two people who said they had seen such armoury on the actual planes. Does the Minister think that the Department should intervene and do something about that as it took place on civilian aircraft?

Charles Flanagan (Laois-Offaly, Fine Gael)
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If there are people, including the Deputy and the Deputy by her side, who have evidence, I ask that it be transmitted directly to the appropriate authorities. I believe there is a scheme of regulations and conditions involved that are transparent. I reiterate that the Minister for Transport, Tourism and Sport bears primary responsibility for the regulation of civil aircraft. My Department deals with requests to permit the wearing of foreign uniforms in accordance with the Defence Act 1954. We will continue to monitor the situation. I understand that very serious allegations have been made by the Deputy and there are issues that are before the courts, but I reiterate that there is no intention on the part of the Government to change or modify in any way a long-standing arrangement with the US.