Mary O'Rourke (Fianna Fail)
Link to this: Individually | In context

I thank the Cathaoirleach for allowing this issue to be raised. I welcome the Minister of State at the Department of Transport, Deputy Callely. A week does not go by but newspapers are beset with rumours of nefarious happenings at Shannon Airport, that flights to and from the US are carrying cargoes of prisoners and, more particularly, that such aeroplanes are exempt from carrying manifests of cargo, passengers, crew and all that is on board. As the House is aware, all other flights must carry manifests, as a ship would. I need to have this matter clarified. I hope the reply will be definitive and will put an end to the matter. However, I fear I will get a half-answer. If so, the matter will have to be pursued through other channels. I look forward to the Minister's contribution.

Ivor Callely (Dublin North Central, Fianna Fail)
Link to this: Individually | In context

I thank the Leader for raising this important matter. I concur with her sentiments in regard to clarifying this issue in the context of the public concern expressed in media statements. I take this matter on behalf of the Minister, Deputy Cullen. If the Leader is not happy with the reply, I would be happy to ensure that——

Mary O'Rourke (Fianna Fail)
Link to this: Individually | In context

We are happy the Minister of State is present.

Ivor Callely (Dublin North Central, Fianna Fail)
Link to this: Individually | In context

I thank the Senator. It is an important issue and should be fully clarified, as she requested. I hope the response prepared for me will adequately deal with her concerns. Should it not, I would be happy to arrange an appropriate meeting with relevant officials so the matter could be fully clarified.

For the purposes of this debate, American civil aircraft travelling through Shannon can be broken down into three categories: first, normal scheduled and charter operations by US airlines; second, operations carrying US soldiers and munitions; and third, ad hoc flights arriving at or transiting through Shannon. Military aircraft travelling through Irish airports are regulated by the Department of Foreign Affairs.

With regard to the first category — normal scheduled or charter flights by US airlines — the crew, passengers and cargo are subject to stringent security procedures in the US before they arrive in Ireland and, of course, are always subject to the normal border and customs controls at Shannon airport, without exception. With regard to the second category — operations by US airlines carrying US soldiers, munitions and weapons — each application for such a flight is subject to detailed scrutiny by my Department and by other Departments, and each application is submitted to the Minister for Transport for approval.

It is worth going into more detail about these flights, for the information of the House and to reassure the House that careful consideration is given to each one. Flights by civil aircraft carrying weapons or munitions are the responsibility of the Minister for Transport. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989, civilian aircraft are prohibited from carrying weapons or munitions over Ireland or into Irish airports unless they receive an exemption from the Minister. The existence of this long-standing prohibition on the carriage of weapons or munitions is listed in the aeronautical information publication, an Irish Aviation Authority publication that specifies the rules and regulations that must be observed by aircraft flying in Irish airspace. In addition, when it became clear in 2002 that there were increased numbers of US troops moving through Shannon, the Department of Transport issued reminders about the prohibition specifically to the airlines transiting through Shannon with US troops and munitions or weapons. Procedures were put in place so that airlines wishing to use Shannon for these types of flights would have to submit a detailed application in each case. I can confirm that the Department of Transport has received full co-operation from the airlines concerned.

I would like to explain what happens when the Department of Transport receives a request for an exemption from the prohibition of carrying weapons or munitions. As a standard procedure my Department consults with the Department of Foreign Affairs, the Department of Justice, Equality and Law Reform and the Irish Aviation Authority. The Department of Defence is also informed in each case. Each of these bodies that are consulted fulfils a different and specific role in regard to the matter. The Department of Foreign Affairs advises whether there are any foreign policy reasons why the exemption should not be given. The Department of Justice, Equality and Law Reform advises whether there are security reasons for refusing the exemption and it also informs the Garda Síochána. The IAA gives advice as to whether dangerous goods, such as munitions or explosives, are being carried in a safe manner.

On receipt of the views of the two Departments and the IAA the Department of Transport prepares a recommendation for consideration by the Minister. If there are any objections to the issue of the exemption, the Minister will refuse the exemption. In the majority of cases, the exemption is granted. The main reasons for refusals are because an application comes in very late or because the flight may be carrying munitions, such as landmines, to which Ireland is, for foreign policy reasons, opposed. There are no exceptions to these rules. Any aircraft carrying munitions or weapons must apply to my Department for exemption.

The third category of flights concerns ad hoc flights to or from the US. Generally, where these flights are carrying passengers into Ireland for the purposes of business or tourism, each flight must apply to my Department for a flight authorisation, where details of the aircraft and flight schedule must be submitted for approval. The documentation is examined by officials in the Department as well as by the IAA and if everything is in order, the flight can be approved. There is no requirement in Irish or in International law for a list of the passengers to be submitted, although when the passengers arrive they are subject to the normal border and customs controls when they leave the airport. The commander of the aircraft must have documentation concerning the crew and baggage on board should it by required by the authorities in Shannon.

Where flights are simply stopping at Shannon for technical reasons, such as to refuel, there is no requirement under international or Irish law for those aircraft coming into Ireland to notify the Department of Transport in advance.

As Senator O'Rourke said, there has been some speculation in the press regarding the carriage of prisoners through Shannon going to Guantanamo Bay or elsewhere. The Department of Foreign Affairs has raised this matter with the US and I understand that the US authorities have confirmed to the Department of Foreign Affairs that prisoners have not been transported through Irish airports to Guantanamo or elsewhere. The US also confirms that it would not use Irish airports for this purpose in the future without seeking the authorisation of the Irish authorities.

I hope the reply is somewhat informative and helpful to Senator O'Rourke. The Senator will understand from the reply that Departments other than mine are involved in this matter. That is why I am happy to offer further clarification to Senator O'Rourke or to any Senator.

Mary O'Rourke (Fianna Fail)
Link to this: Individually | In context

I thank the Minister of State for coming before the House. I am happy he is here but I would have thought the Minister would have attended because this is an issue which has been exercising many people, not least the last leader of the Labour Party, as evidenced for 15 minutes on radio on Sunday. I do not say that to castigate the Minister of State, for whom, as he is aware, I have the height of respect. I regard the scant rather than hard information given as a lot of waffle. The Minister of State said, "The Department of Foreign Affairs has raised this matter with the US and I understand the US authorities have confirmed to the Department of Foreign Affairs that prisoners have not been transported through Irish airports". I wanted to know if such aeroplanes had been boarded by gardaí or security people to check what was on board. Do we just blindly accept the word given? I am rather dissatisfied with the reply but I accept it is what the Minister of State was given and I thank him for it.