Clare Daly (Dublin Fingal, Independent)
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48. To ask the Minister for Foreign Affairs and Trade further to Question No. 712 of 17 January 2017, if his Department will perform an audit of all landings of military aircraft at all airports here with a view to establishing the number of other military planes that have landed at airports here without first seeking permission to do so from his Department. [3057/17]

Catherine Murphy (Kildare North, Social Democrats)
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86. To ask the Minister for Foreign Affairs and Trade his plans to avoid a repeat of an unplanned landing of a British military aircraft at Shannon Airport in December 2016 (details supplied); his views on whether procedures regarding landing of foreign military aircraft here need to be reviewed in view of that incident; and if he will make a statement on the matter. [3094/17]

Clare Daly (Dublin Fingal, Independent)
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The Minister revealed to me in response to a question last week that the RAF had landed an airplane without permission at Shannon. He told me this was an accident and that the RAF was very sorry. It is a little like the time the Hercules C130 landed with the 30 mm cannon visible, which the Minister told us was an administrative error. At best, this demonstrates a lack of oversight, at worst, a blind eye. I want to know what the Minister is doing to ensure compliance. Will he instruct an audit to find out how many other aircraft are landing without permission? How does he think they are getting permission, given the job of military aircraft is to be engaged in military operations?

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 48 and 86 together.

The Air Navigation (Foreign Military Aircraft) Order 1952, made under the Air Navigation and Transport Act 1946, gives the Minister for Foreign Affairs and Trade primary responsibility for the regulation of activity by foreign military aircraft in Ireland. As the Deputy will be aware, permission must be sought in advance for landings by all foreign military aircraft and, if granted, is subject to strict conditions. These include stipulations that the aircraft must be unarmed, it must carry no arms, ammunition or explosives and it must not engage in intelligence gathering. Furthermore, the flights in question must not form part of military exercises or operations.

Tough and robust procedures are in place in my Department with a view to ensuring the conditions for securing permission for foreign military aircraft to overfly or land in the State are clearly understood and properly applied now and in the future. These procedures are kept under ongoing review. Comprehensive records on requests received and decisions made are retained for the purposes of monitoring and oversight, and are drawn on as needed, including to provide information to this House as appropriate.

As I set out in my response to Question No. 712 of 17 January, in that instance permission to land was not sought in advance from my Department. On foot of my instruction, my officials contacted the British embassy. The embassy explained that this had been an error due to a communication breakdown within their system. The embassy confirmed that the purpose of the landing was refuelling and that the flight was unarmed, carried no arms, ammunition or explosives and was not engaged in intelligence gathering, nor did it form part of any military exercise or operation. I should point out that there were 21 requests for permission for RAF aircraft to land in Ireland in 2016. In each case the correct procedures were followed.

Clare Daly (Dublin Fingal, Independent)
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The Minister's excuses are getting ever thinner. The only thing these aircraft do is engage in military operations, so what does the Minister think they are doing, for example, on the two occasions every day that the US military land in Shannon, if they are not involved in such miliary operations? The point is that it is clearly insufficient for the Minister to rely on diplomatic assurances. His answer to me would seem to suggest the reports he gets come after the landings, which is insufficient.

Will the Minister comment on military contracted aircraft? Twice this month we have had aircraft from Sun Country Airlines and, only this week, Miami Air International landing in Shannon with civilian call signs and then changing those call signs to military ones. How is the Department tracking those airplanes? These aircraft have been tracked to destinations which are at present involved in bombings in Syria and are then coming back to Shannon and changing their code from civilian to military. What measures does the Minister have in place to monitor these airlines to ensure they are in compliance with the rigorous conditions he has outlined to the House?

Charles Flanagan (Laois, Fine Gael)
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Our monitoring is robust. I reiterate that my Department at all times has thorough and robust procedures in place with a view towards ensuring the laid down legal conditions for securing permission for foreign military aircraft to overfly or to land in this State are clearly understood and properly applied. These procedures are kept under review. My responsibility as Minister for Foreign Affairs and Trade is in respect of military aircraft, military overflights and military landings. Issues relating to civil aircraft are matters for my colleague, the Minister for Transport, Tourism and Sport. I would be happy to convey the points raised by Deputy Daly to the Minister for Transport, Tourism and Sport.

However, under the order of 1952, primary responsibility for the regulation of activity by foreign military aircraft in Ireland rests with me as Minister for Foreign Affairs and Trade. Again, the practical implementation of this provision reflects Ireland's traditional policy of military neutrality.

Declan Breathnach (Louth, Fianna Fail)
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There is one minute left, so I ask Deputy Daly to make her-----

Clare Daly (Dublin Fingal, Independent)
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"Thorough and robust" is an abuse of language in this scenario. When an aircraft changes its sign to a military sign, when the Minister knows that this week the aircraft proceeded to an airbase engaged in bombing raids in Syria, what does he think that aircraft was doing there, if it was not involved in military operations, when another one went to a position on the Syrian border that is used by the US to launch drone strikes? There were 70 requests for landings by the US military in Shannon in June of last year, when NATO was running its largest war game since the Cold War in Poland, compared with 40 in January and 37 in August. We have been repeatedly assured by the Minister that these aircraft are not involved in military exercises. Will he tell us what they were involved in during this spike period?

Declan Breathnach (Louth, Fianna Fail)
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The Minister has a very short 20 seconds.

Charles Flanagan (Laois, Fine Gael)
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I am satisfied that when these requests are received by my Department, the regulations are fully complied with and the law is adhered to. Our focus is on ensuring that the information sought and provided regarding flights and aircraft fully demonstrated full compliance with the conditions as applicable. I can point to matters such as the times at which the landings take place. These are operational issues for the pilot in consultation with the airport in question. They do not affect a decision as to whether the aircraft meets the strict conditions. However, I am satisfied that our regulations, codes of conduct and laws-----

Clare Daly (Dublin Fingal, Independent)
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This is disgraceful.

Charles Flanagan (Laois, Fine Gael)
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-----are strict and robust and that the information we seek-----

Clare Daly (Dublin Fingal, Independent)
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The evidence would contradict the Minister.

Declan Breathnach (Louth, Fianna Fail)
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Deputy Daly has asked the question.

Charles Flanagan (Laois, Fine Gael)
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-----is supplied accordingly.