Alice-Mary Higgins (Independent) | Oireachtas source

What inspections have taken place under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order since May 2024 to enforce the prohibition of the use of Irish airspace for the carriage of munitions of war, weapons, ammunition and dangerous goods, including dual-use goods? What exemptions have been granted under that order? This is important.

I have included that date because, as the Minister of State will be aware, I introduced the arms embargo Bill in June. At that time, the Minister, Deputy Ryan, while suggesting that there really was no need to be concerned about flights, explicitly stated that no Irish airport or Irish sovereign airspace was being used to transport weapons to Israel, despite claims to the contrary. It has since been proven and made evident that, as we suggested was likely at the time, Irish airspace has been used for the transport of weapons on multiple occasions. These weapons have been used in the destruction of life and potentially in the breaching of international law. These weapons have been used by the Israel Defense Forces. I have a list of ten such flights but time does not permit me to list them. However, one flight carried 24 tonnes of weaponry and explosives, including rounds of ammunition to be used by IDF snipers in some of the appalling deaths we have seen targeting civilians in Gaza. These are the kinds of weapons passing through Ireland.

It has now been announced that a new regime and new legislation are intended and that these will be based on sampling, searching and sanctioning. I want to be clear on how we are using the powers we already have. What exactly are the new things that are going to be done as opposed to what could be done and I hope is being done with the powers we already have? To be really clear on the powers we already have as of today, including during the lacuna while an election takes place, the Minister has the power to allow an authorised person to enter and inspect an aircraft for the purposes of preventing a flight where it is likely that the flight might be in contravention of the orders that forbid the carriage of weapons, munitions or dangerous goods. Section 6 of the order also makes provision for cases where the carriage of such munitions of war can be reasonably suspected. There is reason to suspect that this is happening. When we see the litany of flights that have disregarded even the exemption process, it is clear that there is reason to inspect. While I look forward to hearing the detail of what exactly will be done with regard to overflights, with regard to flights that land in Ireland rather than solely going through our airspace, it is very clear we already have powers to inspect. If, as we have heard, FedEx flights are being used to transport weapons, we now have a very reasonable reason to suspect that there may be breaches of our prohibitions on munitions within such flights. I would therefore expect that any such chartered flights would now be inspected.

How are we using the existing powers? How will they be used and how have they been used over the past few months since the debate we had on the arms embargo Bill? I ask about the inspection powers that already exist in addition to whatever may be added to strengthen those in the future.