Colm Burke (Cork North Central, Fine Gael) | Oireachtas source

The legislation underpinning the carriage of munitions of war in civil aircraft was drafted in the 1970s, with amendments made in the 1980s. The context in which it was written pre-dates the significant growth seen in aviation in the following decades. As a result, it is deemed appropriate to update the legislation to ensure it is fit for purpose for the present day. The Minister for Transport has previously expressed a desire to put in place a system of random inspections of civil aircraft that have been granted exemptions to carry munitions of war through Irish sovereign territory under the relevant provisions of national law. Following the debate on the Private Members' Bill introduced by Senator Higgins in May, the Air Navigation and Transport (Arms Embargo) Bill 2024, the Minister tasked his officials to undertake an examination of the existing legislation from the perspective of the introduction of a random inspection regime. Earlier this week the Minister, Deputy Ryan, brought a memo to the Government providing an update on this work. The Minister outlined to Cabinet his views on the need to strengthen the State's ability to detect and sanction any civil air operator found to have contravened Irish law on the transportation of the munitions of war through our airports or sovereign airspace. The Minister outlined how he considers that Ireland's capabilities to ensure compliance could be strengthened and has asked his officials to engage with the Department of Foreign Affairs with a view to ensuring the State has the necessary legal powers to search aircraft and sample cargo documentation to ensure compliance with our laws and to sanction any contravening air operators.

Given that civil aviation is an international industry underpinned by multiple multilateral agreements to which the State is a party, due consideration need to be given to ensure any policy developed will be in line with the State's commitments under these agreements. The Government has noted the next steps in this process will be engagement between the Departments of Transport and Foreign Affairs on the development of policy on the detection of contravention of Irish law by civil air operators.

The Minister has set out a clear plan to look at current legislation and bring forward new proposals through new legislation. As I have said, the existing legislation goes back to the 1970s with amendments in the 1980s. It is no longer adequate for dealing with the volume of flights through Irish airports. Therefore, it is appropriate that we amend the legislation.