Pa Daly (Kerry, Sinn Fein)
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92. To ask the Minister for Transport, Tourism and Sport to provide an update on his Department's investigation into overflights of munitions to Israel; and if he will make a statement on the matter. [51973/25]

Pa Daly (Kerry, Sinn Fein)
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I am seeking an update on the Department's investigation into overflights of munitions to Israel? Will the Minister commit to upholding Irish law under the Air Navigation Act and to concrete actions to stop Israel transporting weaponry and munitions is it using to commit war crimes in Palestine?

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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I thank the Deputy for his question on this important matter. As I have previously outlined to the House, the Chicago Convention of 1944 is the main international treaty governing the operation of international civil aviation. Article 35 of this convention provides that no civil aircraft may carry munitions of war in the sovereign territory of a state without that state’s permission. That pertains here in Ireland. This provision is implemented in Irish law in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders of 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 for exemptions have been received and no exemptions have been granted for the carriage of munitions of war to any point in Israel. I will reiterate that to be very clear to the House. There have been no applications and no exemptions granted for any carriage of munitions of war to the State of Israel.

I want to clarify that the exemptions I grant as Minister for Transport to civil air operators are not permission to carry munitions of war from one sovereign state to another. The exemptions grant the civil aircraft concerned permission to carry its specific cargo in Irish sovereign territory, such as for an overflight or a non-traffic stop carried out to facilitate refuelling, crew rest or change and other technical issues that might arise. My Department is still engaged in examining the allegations that a number of air operators have carried munitions of war in Irish sovereign territory without the required exemption permitting them to do so. The issues raised are complex and require the examination of extensive documentation. I understand the frustration that might arise due to the perceived delay in completing this work. It is not intentional - I take this very seriously - but the examination must be carried out to a standard that would support any further action should that action be deemed necessary.

Pa Daly (Kerry, Sinn Fein)
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I presume the Minister is talking about the draft report submitted in March this year.

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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Yes.

Pa Daly (Kerry, Sinn Fein)
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Will he commit to publishing it or give us a reason for refusing to publish it? Will we be here again in seven months or seven years demanding answers from a Government that is still not publishing it? There is a perception, of which I think the Minister is aware, that Fianna Fáil and Fine Gael have been turning a blind eye to some of the most egregious crimes against humanity. I would also like to express my solidarity with the humanitarian fleet of 500 civilians, including our own Senator Andrews and 20 other Irish citizens. They are doing what the Government has refused to do while Israel is acting with impunity and attacking the ships with drones. In the past, it has attacked ships like them. There is a carnival of distraction by Israel from what it has been carrying out - the genocide - on which we all agree. My concern is the Government is allowing-----

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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You have to conclude, Deputy.

Pa Daly (Kerry, Sinn Fein)
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-----these arms to travel through our airspace, that is, the same arms that are systematically targeting children.

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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I take the Deputy's question and statement in the manner in which it has been raised. The allegations, though, that any arms or weapons are going from Ireland to Israel are just wholly incorrect. Irish law is clear. On the examination of the draft report, we have sought legal advice. There is extensive documentation. I do not want to hide any of that but I need to allow it to be assessed properly, particularly should further action be required. On behalf of myself, colleagues and others, I too want to express my solidarity with those engaged in the humanitarian flotilla. All of us in Ireland abhor what is happening in Gaza and the occupied territories.

Jerry Buttimer (Cork South-Central, Fine Gael)
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Hear, hear.

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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Ireland has led in Europe in that regard. There are others who wish to state otherwise - not the Deputy but others - purely for political points. This situation is far too serious for that.

Pa Daly (Kerry, Sinn Fein)
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I have raised this issue before. As the Minister has said this evening and on the previous occasion, under Irish air navigation law, the carriage of munitions is prohibited on any civil aircraft and failure to comply carries up to three years' imprisonment. The operators of these flights seem to think the Government has zero intention of upholding the law, unlike the Belgian Government, which opened a criminal investigation following the reporting of it. Why is the Government not doing the same? Seven months in such a serious situation is far too long. What is the Minister's view of what the then Garda Commissioner Drew Harris said to the public accounts committee when the issue was brought up? He said the Garda was not made aware of these flights and that it had no information that could lead to checks on the airline involved. Does the Minister believe that is the case and that the Garda had no information? If so, will he talk to his colleagues in government in relation to it? The email, I am told, was acknowledged at the time.

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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Where complaints and allegations are made about the illegal transfer of either munitions, parts of munitions or dual goods, items that could be used for military use, that is taken very seriously. We have a process that is long-standing in Irish law. Our legislation is very clear in that regard, with domestic orders going all the way back to 1973 and reaffirmed in 1989. I take the allegations seriously. It is appropriate that those allegations are given due care and consideration in a structured and forensic way. That includes the legal advice that would be required. Should I as Minister determine, on the basis of the final report I receive and following legal advice, that we need to take further action, I think the Deputy would agree that has to stand up based on a proper process. That is what is happening now. The Deputy can be assured I will keep him informed of progress. I met my officials on this matter as recently as this week. I will keep the House informed because I know people have genuine concerns in this regard.