Mick Wallace (Wexford, Independent)
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I thank the Ceann Comhairle for selecting this matter.

Last week was the 15th anniversary of the invasion of Iraq. On 20 March 2003, Dáil Éireann approved a Government motion authorising the use of Shannon Airport for the US-led invasion and occupation of Iraq. With that motion, put forward by the then Taoiseach, Bertie Ahern, Ireland declared itself party to an illegal and baseless invasion of a sovereign country. Fianna Fáil argued at the time that even though it found it regrettable that there was no agreement at the UN Security Council level, it felt it necessary to support the Americans and the British in their war of aggression in light of what they interpreted to be a violation on the part of the Iraqi Government of its obligation to disarm of its weapons over a 12-year period. He said he hoped that the war would be a short one and said that Ireland would be happy to help rebuild the country after the bombing had ended. To quote the then Taoiseach that day:

One thing, however, is ... clear. Conflict could have been avoided if Saddam Hussein had complied with the long-standing demands of the UN Security Council that Iraq surrender its weapons of mass destruction. The simple fact is that he refused to do so.

This was completely false. Hans Blix, the chief UN weapons inspector, was in front of the UN Security Council saying that US and British intelligence had led to zero significant finds in Iraq, that the Iraqi Government was co-operating and that his work was not finished. To quote Blix, "We went to sites [in Iraq] given to us by intelligence" and "There were about 700 inspections, and in no case did we find weapons of mass destruction."

Deputy Enda Kenny argued against the relevant motion in the Dáil, stating:

It matters to our international credibility now and in the future. It matters to our self-respect as a nation. It matters to our respect for international law and the institutions set up to implement that law.

When the then leader of Fine Gael was arguing that Fianna Fáil was about to destroy our tradition of neutrality and rip-up international law while we were at it, Fianna Fáil Deputies shouted across the Chamber that he was a Saddam supporter.

Article 29 of the Constitution states:

1. Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

2. Ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.

3. Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.

Article 28.3.1° states:

War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann.

In fact, we have now taken part in many wars through allowing the use of Shannon as a military airbase by the US military. It is just that the US does not consider bombing another sovereign country as an act of war, so conveniently neither do we.

Today seven principal countries are being bombed by the US and its allies: Afghanistan, Iraq, Libya, Pakistan, Somalia, Syria and Yemen. In Yemen today, not including those who will be killed by US and UK made bombs, 100 or more children will die from avoidable hunger and disease as a result of the Saudi actions. We keep raising these issues here in the Dáil and our Ministers keep flying over there for drinks with the perpetrators.

The former Taoiseach, Deputy Enda Kenny, was right in what he said in 2003. I wish the Government would reconsider its position.

Helen McEntee (Meath East, Fine Gael)
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I thank Deputy Wallace for raising this issue. Like my colleagues, I apologise on behalf of the Minister, Deputy Coveney, who had hoped to take this question but unfortunately is still at the Cabinet meeting. Therefore, I will take it on his behalf.

I welcome the opportunity to reaffirm the Government’s policy on landings by foreign military aircraft at Irish airports. Responsibility for the regulation of foreign aircraft landing in or overflying the State is shared between Departments. The Minister for Foreign Affairs and Trade has primary responsibility for the regulation of foreign military aircraft while the Minister for Transport, Tourism and Sport leads on regulation of foreign civil aircraft. As the issue for debate is addressed to the Minister for Foreign Affairs and Trade, I will confine my focus to foreign military aircraft landing at Shannon Airport.

Successive Governments have made landing facilities at Shannon available to the US for over 50 years. This practice did not begin in 2003. The facility to land is also made available to military aircraft from other countries. It is for reasons of geography that the majority of landings are made by US aircraft. Permission must be sought in advance for landings by all foreign military aircraft. Foreign military aircraft of any and all states requesting permission to avail of facilities at Shannon or any other Irish airport must adhere to strict conditions. These conditions are applied to ensure compatibility with Ireland’s policy of military neutrality and include stipulations that the aircraft is unarmed, carries no arms, ammunition or explosives; and that it must not engage in intelligence gathering and does not form part of any military operation or exercise.

In considering requests for landings by foreign military aircraft, the Department of Foreign Affairs and Trade’s primary focus is on whether the flights in question comply with these conditions. No distinction between states is made when it comes to the application of these criteria.

It has been repeatedly suggested that such normal facilitation is an indication of this Government’s lack of commitment to Ireland’s traditional policy of military neutrality. I am glad to have a further opportunity to reaffirm that this Government upholds and will continue to uphold that longstanding and publicly cherished policy.

This commitment was detailed in the White Paper on Defence published in August 2015 while the review of foreign policy, The Global Island, published in January 2015 similarly reaffirmed that Ireland’s policy of military neutrality remains a core element of Irish foreign policy.

The practical implementation of the conditions for granting permission for landings by foreign military aircraft is guided by and reflects Ireland’s traditional policy of military neutrality to which, as I have already outlined, the Government is fully committed.

I would like to reiterate that the facility granted to the US, as to other countries, to land at Shannon airport is both transparent and open. The strict conditions that apply to such landings are a matter of public record having been set out on many occasions in the House. This policy of military neutrality, together with our own international activism on issues such as disarmament, international crisis management and peace keeping, has helped us to speak with a distinctive and independent voice on many of the key challenges facing the world regarding the maintenance of international peace and security. Furthermore, Ireland fully recognises the links between security and development and that the widest possible range of tools and instruments including security, development co-operation and humanitarian are required to respond to conflict and crisis. Indeed, Ireland is the eighth largest donor to the UN central emergency response fund, an important humanitarian financing mechanism for underfunded and rapid onset emergencies. It contributed €22 million to the fund last year and a further €10 million has been pledged for 2018, of which €8 million has already been distributed in Iraq, a country which has suffered significantly at the hands of Daesh. The appalling atrocities that this terrorist organisation has inflicted on Iraqi citizens is one of the reasons why since 2012 we have provided just over €10.6 million in humanitarian assistance. We have consistently called for inclusive democratic solutions. We have emphasised that the security efforts must be complimented by the implementation of the programme for national reconciliation that was set out by Prime Minister Abadi in late 2014.

Mick Wallace (Wexford, Independent)
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If we were genuinely concerned about the humanitarian problems and conditions in these countries, we would not allow aircraft to land in Shannon to go on there and wreak havoc on these peoples. The Minister of State says that one of the conditions on military aircraft to land are that the aircraft must be unarmed, carries no arms, ammunition or explosives and it must not engage in intelligence gathering and does not form part of any military operation or exercise.

They do not fly empty military planes around the world. They put stuff in them. It costs over €250,000 for a US military plane to make a round trip from America through Shannon to the Middle East and back. They do not leave them empty: it would make no sense.

It beggars belief that we can turn a blind eye to the destruction that we are allowing to take place. Back in the day, the former Taoiseach, Deputy Enda Kenny, himself asked that the planes be searched. Before going into government, the Labour Party asked for the planes to be searched. However, when people go into government, they are not prepared to search the planes. It is outrageous.

Modest wine bars import wine from small producers in Italy. The Revenue Commissioners regularly check the loads to see what they contain. We tell them what is in it and show them the papers, but the fact is they are dead right to check the shipment because they cannot be certain of what is in it unless they do. We cannot possibly know what the Americans are up to or what is in a US military plane if we do not search it. One could not expect a child to believe that there are no arms or ammunition coming through Shannon. We know there is. It is outrageous that the Government continues to allow this to happen and to allow the destruction that is caused by the US military in these regions.

Helen McEntee (Meath East, Fine Gael)
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We have the Air Navigation (Foreign Military Aircraft) order 1952 which clearly states that:

No foreign military aircraft shall fly over or land in the State save on the express invitation or with the express permission of the Minister [for Foreign Affairs and Trade].

The Minister for Foreign Affairs and Trade has primary responsibility for the regulation of this activity. Clear stipulations have been put in place that they must be unarmed, carry no arms, ammunition or explosives and that they must not engage in intelligence gathering. The bilateral relations between friendly states, as we are with America, is founded on mutual trust. Both parties have an interest in maintaining that trust. Details provided by diplomatic missions include confirmation that the aircraft are unarmed, carry no arms, and that ammunition or explosives are not on board and are therefore accepted in good faith and are accepted as being accurate. We must do that in accordance with international practice. Foreign military aircraft which are given permission to land in Ireland are not subject to inspection in this regard but sovereign immunity, a long-standing principle of customary international law, means that a state may not exercise its jurisdiction in respect to another state or its property, including state and military aircraft.

These principles apply automatically to foreign state or military aircraft in the same way that they apply to Irish State or military aircraft abroad. We are not applying one rule to somebody else and not to ourselves. To reiterate, our neutrality is in no way compromised. The Tánaiste and his Department are satisfied that the arrangements relating to the transit of US military personnel and the landing of US military aircraft at Shannon Airport do not challenge or undermine the policy of military neutrality in any way. This is of course something which we will continue to monitor and we will continue to engage with the US troops in the region on a daily basis.