Paul Gavan (Sinn Fein)
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I welcome the Minister. I have detailed a list of US military aircraft which landed at or overflew Shannon Airport between 4 June and 12 June. This list is by no means complete and only contains details of those aircraft that the Shannonwatch organisation has been able to monitor. The number of US military planes listed as overflying is likely to be only a small fraction of the total and only includes overflying close to the airport. The unusual number of midair refuelling aircraft landing and taking off from the airport during this period as well as overflying Irish airspace are of particular importance.

Two of these planes, KC10 refuelling tankers Nos. 85-0027 and 84-0192, made multiple departures from and landings at Shannon sometimes on the same days, indicating they were likely being used to refuel other US military aircraft in midair, either in Irish-controlled airspace or over the NATO exercise area in Europe. Was the Minister aware that these planes were in Irish airspace? What were they doing there? It seems that they were involved in NATO's Anaconda military exercise, the largest war game in eastern Europe since the end of the Cold War. The period during which these military aircraft landed and refuelled coincides with the preparations for the NATO Anaconda military exercise in Poland conducted between 7 June and 17 June. It is likely that most of them are associated with that exercise. If this is the case, it is not only a clear breach of Irish neutrality but this is also in clear breach of assurances given to the Government by the US Government that all US military aircraft using Shannon Airport and Irish airspace are not on military operations or military exercises. Not only do these military planes breach our neutrality, they are a potential hazard to our environment and citizens.

A report inThe New York Times on 20 June focused on former US soldiers who are now suffering from cancer after being used to clean up radioactive contaminated materials following two separate accidents involving US B-52 bombers carrying nuclear bombs, one in Spain and the other in Greenland. Of course, we are told that the US military planes landing at Shannon and overflying Irish airspace never carry nuclear weapons, never even carry weapons or munitions of any sort and are not on military operations or military exercises. However, we have no way of knowing what aircraft 50,000 ft. above Ireland are carrying, and no way of knowing what the US military aircraft landing at Shannon are carrying because no one searches them, except Deputies Clare Daly and Mick Wallace, who were arrested trying to search some of these warplanes. The Minister does not want to search them. The Government has repeatedly refused to conduct searches of these military planes, despite an assurance in the previous programme for Government, arguing that trust of and diplomatic assurances by the US government are good enough. However, this good faith is not good enough for myself, my party and for others.

In 2004, Deputy Clare Daly in 2004 said, "They [the Government] are purposely turning a blind eye. They don't want to search [the planes] because they know what they will find and then the game will be up."In addition, the European Ombudsman, Ms Emily O'Reilly, recently accused the Government of turning a blind eye to the use of Shannon Airport by the US for rendition purposes. She also raised the question as to whether Ireland has compromised on justice in order to maintain good relations with Washington. Why does the Minister not search these planes? Is it because he is afraid of what will be found? According to expert security analyst, Dr. Tom Clonan, Shannon is a virtual forward air base for the US military, and, in February 2015, he told a court that "if Shannon was being used by any other group to cause the type of damage that the 2.25 million US troops that have passed through Shannon have caused, then the US would rightly identify it as a target".Dr. Clonan went to say that "By allowing Shannon Airport to be used as a US military base, we are contributing to war and human rights abuse".

When one considers that estimates by Human Rights Watch, Amnesty International, the UN, and theLancet medical journal suggest that up to 1 million children have died as a direct and indirect result of the US-led wars in the Middle East since 1991 - the first Gulf War and the subsequent wars in Afghanistan, Iraq, Libya and Syria - we should be thoroughly ashamed of any involvement we have in facilitating such attacks. Sinn Féin brought a Bill before the Dáil last year, which called for a referendum to enshrine Irish neutrality in the constitution. The Minister rejected it and current policies on Shannon Airport make a joke of his Department's official policy of neutrality and of our international reputation. Ireland’s neutrality has been significantly diluted by successive Governments. When will he accept this reality and give Irish citizens the power to ensure the State's neutrality in our constitution? I am afraid to say that we are not neutral. Instead, we are facilitating US military activity in wars that have cost millions of lives.

Charles Flanagan (Laois, Fine Gael)
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The Air Navigation (Foreign Military Aircraft) Order 1952 gives the Minister for Foreign Affairs primary responsibility for the regulation of activity by foreign military aircraft in Ireland. Permission must be sought in advance for landings by all foreign military aircraft, including those from the US. If granted, permission is subject to strict conditions. Aircraft must be unarmed, carry no arms, ammunition or explosives and must not engage in intelligence gathering. Furthermore, the flights in question must not form part of military exercises or operations.

All applications submitted by the US Embassy concerning landings by military aircraft for the period covered by the Senator’s list confirmed that the flights met each of these conditions and they were approved on this basis. Overflights by US military aircraft - and military aircraft from other friendly countries - are permitted without prior notification on the basis that the aircraft are unarmed, carry only cargo and passengers and comply with navigational requirements. Ireland has bad a positive bilateral relationship with the US for a period that predates the official foundation of our State, as has been clear during our 1916 Centenary reflections. Successive Governments have made landing facilities at Shannon available to the US for well over 50 years. This facility is also made available for military aircraft from other countries that can be regarded as friendly. From 2013 to 2015, permission was granted in respect of requests from 23 countries. The same conditions apply to all landings by military aircraft.

Senator Gavan raises the issue of Ireland’s neutrality. Successive Governments have pursued a policy of military neutrality over many years. This is characterised by non-participation in military alliances. The continued commitment to this policy was reconfirmed last year in the foreign policy review, The Global Island, which stated, "Our policy of military neutrality remains a core element of Irish foreign policy". Arrangements for landings at Shannon do not amount to any form of military alliance with the US or with any other country and are fully consistent with Ireland’s policy of military neutrality. The Senator referred to Ireland’s international law obligations and used the term "belligerent state", which is used in the Hague Convention V on the rights and duties of neutral powers and persons in case of war on land. It has been argued that our policy on landings at Shannon Airport violates the Convention but that is not the case. The convention, concluded in 1907, concerns what was regarded at that time as the sovereign right of states to wage war and the rights and obligations of non-participant states which remained neutral. War is no longer accepted as a legitimate instrument of national policy and the use of force is regulated by the UN Charter, which sets out a framework of internationally-accepted principles concerning collective security. The charter has superseded the 1907 convention and the distinction made by it between belligerents and neutrals is no longer relevant. The 1907 convention applies to the waging of war, which is an armed conflict between states, but it does not apply to conflicts within a state or to conflict between states and non-state actors, which represent the vast majority of modem armed conflicts. Only 34 countries are states parties to the convention. Ireland is not one of them, so the convention's application does not arise.

Ireland's approach is broadly similar to that of other neutral European states. I am satisfied that the Government’s long-standing policy in respect of Shannon is consistent with our military neutrality and our obligations under international law.

Paul Gavan (Sinn Fein)
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I am reminded of the episode where Dougal holds up a sign saying "Nothing to see here". The Minister's response is somewhat bizarre. The clue is in the title - we are referring to midair refuelling planes landing repeatedly at Shannon. I have the details in this regard in my possession. I do not know about the Minister but on any occasion I have flown - even on a long-haul flight - I have never known a commercial plane to be refuelled in midair. I do not believe that happens. If we accept that to be true, what other credible explanation could there be for a series of refuelling planes to be landing and taking off from Shannon on the specified days other than that they were engaged in military exercises. They were refuelling other aircraft.

To be honest, the Minister did not reply to the matter as raised and that is disappointing. Shannon Airport held a very honourable and important place in the social and economic life of the mid-west up until 2001 when its use by the US military became widespread and totally unjustified. US military use contributes nothing to the profitability of Shannon Airport, except to fraudulently inflate the number of passengers passing through the facility. The Minister will also be aware that taxpayers have paid out over €40 million due to a ridiculous agreement with the US Government whereby we pay the air traffic control fees to Eurocontrol for US military flights. The Minister should give us back our civilian airport at Shannon.

Charles Flanagan (Laois, Fine Gael)
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I reiterate that the number of requests and approvals for landings by US military aircraft at Shannon Airport to date this year is broadly in line with that for the same period last year. Successive Governments have followed the same policy in respect of Shannon for many years. The facility of landing there is afforded not only to planes from the United States but also to those from other friendly nations. In all cases - I include the United States in this - landings must comply with the strict conditions I have outlined.

Paul Gavan (Sinn Fein)
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The Minister did not answer the question put to him.