Seanad debates
Wednesday, 29 May 2024
Air Navigation and Transport (Arms Embargo) Bill 2024: Second Stage
10:30 am
Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source
That was not insignificant. It took a lot of political capital and determination. We did that because, as Senator Black said, it is beyond belief what is happening in Rafah today, what happened yesterday and what has been happening over the past seven months, but more than that, because for several decades the rights of the Palestinian people have been denied and ignored. As Senator Garvey said, however, moral interest in this applies to all, whatever one's views or political designation. It does not belong to our party or to other parties here. I will go into some of the details because it is important we go into the details of what is actually happening and what can be done regarding aviation, which is one of the elements we have an interest or a role to play in.
Regarding the Bill, the Chicago Convention is the main treaty governing international civil aviation. Article 35 of this convention provides that no munitions of war may be carried in or above the territory of a state except by permission of such state. This is implemented in Irish law through the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, as has been referred to. Under these orders, the carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory or airspace and on any Irish-registered civil aircraft, whatever it may be. The Minister for Transport has power to provide an exemption for this prohibition should a civil air operator seek to carry munitions of war on a flight. The Department of Transport has a formal procedure in place to process applications for an exemption to permit the carriage of munitions of war on civil aircraft in accordance with those air navigation orders, and each application is considered on a case-by-case basis. Exemptions are issued to air operators and not to any specific state. The Department of Foreign Affairs is always consulted on foreign policy grounds, and the Department of Justice similarly. The Department, in that sense, is also informed of all applications. The Irish Aviation Authority is the State agency with responsibility for regulation of the carriage of dangerous goods and it is consulted on any application for an exemption to permit the carriage of munitions of war, also classified as dangerous goods, for example, ammunition.
The first and most important of my various points to clarify Senator Gavan's concerns in this regard is that there have been no exemptions provided by this Government, or, I believe, three years previously into the previous Government, to any flight directed towards Israel. There has not been an application and no exemption has been provided-----
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