Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank Senator Gavan for bringing this important matter to the attention of the House. I will answer it as comprehensively as I can.A large number of people have derived an enormous amount of amusement from quoting things I have said in the Dáil when in opposition, which they think I will find difficult to reconcile with what I am doing in government. I understand that. I will do my best to defend my actions in another place because of the time constraints today.

Much of what Senator Gavan has raised would be, I suspect, more appropriate if addressed to the Minister for Foreign Affairs and Trade, but I will try to address the specific issue rather than the more general ones, which I will be happy to discuss with him in another forum. He raises in a general way civilian casualties. We are all deeply concerned and nobody wants to be involved in any activity that facilitates civilian casualties or casualties of any sort anywhere in the world.

Before addressing the matters raised by Senator Gavan that fall within my remit, it is useful to set out the historical context. The transit of foreign military forces through Irish airspace and airports is a long-standing practice which began shortly after the Second World War. Due to our geographic location, the majority of these military forces, as Senator Gavan will know, have always been from the United States. Successive Governments have maintained this practice and these facilities have never been withdrawn or suspended during many different periods of international conflict. Similarly, successive Governments have deemed this to be compatible with Ireland's traditional policy of military neutrality, which is characterised by non-participation in military alliances.

As Minister for Transport, Tourism and Sport, my functions in relation to the use of Shannon Airport and Irish airspace by the US military are limited. Questions relating to Irish foreign policy, Irish neutrality, the role of An Garda Síochána and so on are not matters on which I can comment in detail. Similarly, I have no role in relation to flights by military or State aircraft through Irish airspace or landing at Irish airports. Such flights require the permission of the Minister for Foreign Affairs and Trade under the Air Navigation (Foreign Military Aircraft) Order 1952.

A clear distinction is made in international and national law between military aviation and civil aviation. I am responsible for matters relating to Irish civil aviation legislation and policy. The 1944 Chicago Convention is the main international treaty governing the operation of civil aviation. Article 35 of the convention states that no civil aircraft may carry munitions of war over a state without that state's permission. This requirement is ratified in Irish law in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended. Under the 1973 order, the carriage of weapons and munitions of war is prohibited in any civil aircraft in Irish airspace and on board any Irish registered aircraft unless an exemption is granted by the Minister for Transport, Tourism and Sport. The Chicago Convention and the 1973 order apply to munitions of war only, not to military personnel who may be on board civil aircraft.

In accordance with the provisions of the 1973 order, my Department operates a procedure under which airlines wishing to carry weapons or munitions through Irish airspace or airports must apply for each individual flight, at least 48 hours in advance. In response to Senator Gavan's question about consultation, my Department seeks the views of the Department of Foreign Affairs and Trade on foreign policy issues and the Department of Justice and Equality on security issues. The IAA is consulted in respect to aviation safety issues for applications involving munitions that are also categorised as dangerous goods. If any of these bodies objects, an exemption will generally not be granted. A copy of the application is also sent to the Department of Defence for information. The majority of exemptions under the 1973 order are issued to US airlines chartered by the US Department of Defence, transporting US troops to various destinations around the globe. As a result of the unloaded weapons on board, these flights required an exemption under the 1973 order to enter Irish airspace.

In response to recent parliamentary questions, I have outlined that my Department is to conduct an internal review of the 1973 order. This review is timely, given the age of the order and the changes to international law since 1973, particularly as regard the transport of dangerous goods by air. I would hope it is possible to initiate the review process before the end of the year.