Pa Daly (Kerry, Sinn Fein)
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91. To ask the Minister for Transport, Tourism and Sport if he is aware of the carriage of Israeli munitions through Irish airspace; and if he will make a statement on the matter. [34496/25]

Pa Daly (Kerry, Sinn Fein)
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As the Minister probably knows, under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1974 and 1989, it is prohibited for civil aircraft to carry munitions of war in Irish sovereign territory without being granted an exemption to do so by the Minister for Transport. Is the Minister aware of this? I presume he is. Complaints have been made that Israeli munitions are being carried. Will the Minister make a statement on the matter?

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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I am aware of the regulations and the legislation. The Chicago convention of 1944 is the main international treaty that governs the operation of international civil aviation. Article 35 of that convention provides that no civil aircraft may carry munitions of war in the sovereign territory of a state without that state's permission. That provision is implemented in Irish law in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989.

Under these orders, the carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory unless I in my role as Minister for Transport have granted an exemption that permits it. From October 2023 to date, no applications have been received and no exemptions have been granted for the carriage of munitions of war to any point in Israel.

Any exemption granted is not a permission to carry munitions of war from one foreign state to another. It is only in respect of the operation of such a flight through Irish sovereign territory. The granting of an exemption permits entry to and exit from Irish sovereign territory. When an application for an exemption is refused, the flight must redirect.

I am aware of media reports that allege several air operators have flown through Irish sovereign territory while carrying munitions of war without the required permission. My officials have engaged in examining those allegations, communicating with the air operators concerned, collating the information and scrutinising the data gathered. We are committed to completing this examination to a standard that will support any further action that may be necessitated. These are allegations. Unfortunately, the nature of the examination genuinely means it is not possible right now for me to provide a completion date but I assure the House that officials are working diligently towards its conclusion.

Pa Daly (Kerry, Sinn Fein)
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While it is true to say there are media reports, there has been more than that. Complaints have been made to the Department about this. While the Minister says the Department is scrutinising information, a freedom of information request revealed that, on 13 March, a draft report was furnished to the Department. This was denied by the Department in the committee last week, when it said it was an ongoing document. It says in the freedom of information document it is a draft report. For ten months, the Government has done nothing while Israeli bombs, munitions and weaponry have passed through our airspace. Every time there is a flare-up of conflict somewhere else, what is going on in Gaza is forgotten. It is unfortunate that nothing seems to be done. I am worried this report will not be furnished in the three weeks left before the recess. Will the Minister furnish the report before the middle of July?

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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A lot has been made of the increased number of exemptions. People try to link that somewhat to the start of the conflict in the Middle East, particularly in Gaza and Israel. From October 2023, there has been an increase in exemptions granted to Irish-registered aircraft operating outside of Ireland. A substantial number of Irish aircraft operate in other territories. This increase is linked to the Scandinavian operation of the SAS Group, particularly SAS Connect, an Irish-based airline. This subsidiary of SAS Group operates a fleet of 30 aircraft with bases in Copenhagen, London, Heathrow and Stockholm. A lot of these exemptions are nothing to do with Irish sovereign territory or airspace; it is Irish-registered aircraft flying elsewhere. The type of exemptions granted are not for munitions of war at all. They can be personal, a weapon or a member of An Garda Síochána or the Defence Forces.

Pa Daly (Kerry, Sinn Fein)
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The Tánaiste said recently it is a real challenge to know what is going through our skies, despite all the notifications. There is clearly a draft report. Will the Minister share it with the House before the recess and let us know what is contained in it? I think most would agree we should do everything to have no part in the slaughter of medical attendants, children and others in Gaza by Israel. We cannot be complacent. We need the facts. We know there are complaints and that the Department is aware. It is not acceptable to stand idly by and wait until the beginning of September before this document is shared with the public.

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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When serious allegations and complaints like this are made, I, as Minister, take them seriously. It behoves us to afford the time to carry out a proper investigation and interrogate the data given to us. We are in regular contract with all air operators. With Irish airspace being one of the main entry points across the Atlantic, I instructed Department officials to further remind all air carriers and operators of their responsibilities under international and domestic Irish law and of notification procedures. We receive many notifications of flight manifests and so on. I take this seriously. I mentioned media reports, and yes, complaints have been made. The people who made the complaints deserve that they be properly investigated. We will do that. I cannot give a definite timeframe for the conclusion of that work. It is important and I want to bring to a conclusion as expeditiously as possible.