Paul Gavan (Sinn Fein)
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As the Minister will be aware, a human rights catastrophe is unfolding in Yemen, a catastrophe aided and abetted by the US Government. Much outrage has been expressed about the slaughter in Syria and Iraq but very little about the daily bombing in Yemen where thousands have perished since Saudi Arabia and its allies began an air campaign a year and a half ago. Nor has there been much public criticism of American aid to the campaign.

Yemen was plunged into civil war in 2014 when Houthi rebel ousted the Saudi backed dictator Abdrabbuh Mansur Hadi. Saudi leaders commenced a military drive to defeat the rebels and reinstal Hadi as President. The Saudi bombing campaign began in March 2015 and Saudi Arabia has intentionally targeted numerous homes, factories, markets, schools and hospitals. The methods used by Saudi Arabia very likely constitute war crimes against the civilian Yemeni population, blowing up funerals, prisons and hospitals, slaughtering men, women and children. Amnesty International has called on the US to halt the shipping of weapons that are being used in the Yemen war, citing data that a confirmed US-made explosive was used in an attack on a Yemeni hospital on 15 August. The medical facility, Abs hospital, run by Médecins sans Frontières was hit by a strike that left 11 people dead and 19 others injured. I know the Minister will agree that any attack on a medical facility in a war zone is an affront to humanity. Fragments from US-made MK82 guided bombs have also been found at a site of a Saudi bombing of a community hall, where 140 people were killed and over 500 injured. The ITV news correspondent, Neil Connery, has verified this and there are other examples I can cite if required.

The world knows the key role the US is playing in this war. Indeed, the US has supplied Saudi Arabia with more that €20 billion worth of weapons during its Yemen campaign. We also know the US has flown missions for Saudi aircraft and supplied Saudi Arabia with weapons and targeted intelligence and is, therefore, complicit in Saudi Arabia's atrocities by any normal definition. Is the Government of which the Minister is part also complicit? Despite numerous requests the Department of Foreign Affairs and Trade will not provide any information about the US military planes that use Shannon. Shannonwatch has been keeping its own watch for many years and its figures show a significant increase in the numbers that passed through in September. We know that the US military is the main supplier of mid-air refuelling planes for the Saudis with regard to this war and we know that an increased number of mid-air refuellers have passed through Shannon this summer. A large number of contracted US troop carriers and cargo planes have passed through Shannon, which have been granted permits to take weapons through the airport by the Minister's Department. Omni Air International has been a regular carrier and we know from flight records that one destination for recent flights in September was Al-Udeid air base in Qatar. This is the main headquarters for the Qatari airforce that, along with Saudi Arabia, has been bombing and killing innocent Yemeni civilians. It also serves as a logistics command and hub for US operations in Afghanistan and Iraq. Iraq, Afghanistan, Libya, Syria and now Yemen - civilian life has disintegrated in those places yet the Government and the Department pretend it is nothing to do with us.

Let us join the dots on this. We know that Saudi Arabia is guilty of heinous war crimes and that the US military has supplied the weaponry for these war crimes. We know that the US military use Shannon as, in the words of Tom Clonan, a "forward base" in the prosecution of all these wars. We know from flight records that military flights from Shannon have gone to a key military airport engaged in the Yemen conflict. Is our Government, by extension, guilty of war crimes? I believe this is the case. There was a commitment in the last programme for Government to enforce a prohibition on the use of Irish airspace, airports and related facilities for purposes not in line with international law. Why is it not enforcing it? How can the Government be certain that US planes travelling from Shannon are not being used to aid Saudi Arabia without searching the planes? What does the Minister have to say about the US role in the slaughter of Yemeni citizens? Is the Government really going to turn a blind eye again?

Damien English (Meath West, Fine Gael)
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The Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, sends his apologies as he cannot be here today. On 6 July this year, when the Senator raised the issue of the US military aircraft landing at Shannon Airport, the Minister informed this House that 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.The Department of Foreign Affairs and Trade is satisfied that the US is aware of the need to comply with the strict conditions which attach to permission for military aircraft to land at Irish airports.

In July, when Senator Gavan raised the issue of US military aircraft landings at Shannon, he speculated that they were involved in supporting NATO military exercises in the Baltic. The US has confirmed this was not the case and the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, informed the Dáil accordingly. On this occasion, Senator Gavan is suggesting that US military aircraft that landed at Shannon were transporting munitions to Saudi Arabia and that they were involved in mid-air refuelling of Saudi Arabian aircraft. I can inform the Senator that so far in 2016, six US military aircraft have sought permission to land in Shannon with Saudi Arabia as either their origin or destination. In each case, the request stated that the aircraft was unarmed and that it did not carry arms, ammunition or explosives. None of those six aircraft was capable of delivering mid-air refuelling. In each case, the purpose of the stop in Shannon was refuelling and the transport of VIP passengers.

I am grateful to the Senator for providing me with an opportunity to also outline the Government’s response to the ongoing conflict in Yemen and our continuing work in the area of arms control. Last Sunday, during his visit to Saudi Arabia, the Minister, Deputy Flanagan, raised the situation in Yemen, including Ireland's concern at the civilian casualties, with the Saudi Minister of State for Foreign Affairs. Ireland has also been active in raising this matter in international fora, including at the United Nations General Assembly where in our statement at the First Committee on Disarmament and International Security we highlighted our grave concerns with regard to indiscriminate explosive weapons use in current conflicts, with particular reference to the use of cluster munitions use in Yemen.

The current situation in Yemen is extremely worrying. The Government urges all parties to the conflict to respect international law and to return to the political negotiating table. The only solution to this conflict, and as such the only way to ease the suffering of the Yemeni people, is through political means. The longer the fighting continues, the worse the impact on the Yemeni people. Air strikes on civilian targets have been a worrying feature of this conflict. I was particularly concerned to hear of the recent attack on the funeral in Sana’a. Such attacks are unacceptable and I welcome reports that there will be an investigation into this attack.

For many decades, Ireland has been a leading voice for disarmament, non-proliferation, arms control and respect for international humanitarian law. The agreement of the Convention on Cluster Munitions in Dublin in May 2008 led to the creation of a new regime outlawing these weapons. The Department of Foreign Affairs and Trade remains active in its efforts to get all states which have not yet joined the convention to do so, including the United States and Saudi Arabia. In 2013, the international community agreed the arms trade treaty which prohibits the exportation of arms to countries if the exporting country knows that those weapons will be used in acts of genocide, crimes against humanity, grave breaches of the Geneva conventions or other war crimes. Ireland was among the first states to sign and ratify that treaty and remains active in efforts to ensure universal adherence to the norms that it creates.

At the UN General Assembly’s Committee on Disarmament and International Security, which took place in New York last month, Ireland highlighted the urgency of exploring how to raise consciousness and strengthen the application of international humanitarian law in relation to preventing civilian harm from the use of explosive weapons with wide area effects in populated areas.

I hope this reply clarifies the matter for the Senator.

Paul Gavan (Sinn Fein)
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I thank the Minister of State for his response. He is in a difficult position. I believe the Minister for Foreign Affairs and Trade, Deputy Flanagan, is hiding on this issue. I originally asked that the Taoiseach appear before this House on this issue but the matter was referred to the Minister for Foreign Affairs and Trade who, as I said, is in hiding on this issue. The reply has no credibility whatsoever.

In regard to the statement that aircraft are not carrying arms or ammunition there are witnesses who have seen these arms and ammunition and have testified to that in court cases. We also have the expertise of Mr. Tom Clonan. I live in Limerick, and people in Limerick and Shannon know what is going on. For the Government to say it accepts US assurances is akin to it choosing to turn a blind to what is going on. People are being blown to bits and to smithereens and the Irish Government is hiding. The Minister, Deputy Flanagan, is putting his career ahead of people's lives, which is an absolute disgrace and an embarrassment for our country. This also opens up Shannon as a target for international terrorism. The Government can do better than this.

Damien English (Meath West, Fine Gael)
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It is Senator Gavan's credibility that is at stake. When he last raised this issue in July it was proven that what he suggested was not the case. The Minister, Deputy Flanagan, is not hiding. He is unable to be here today. I have come here today on his behalf to present the facts. The facts are as set out.

Paul Gavan (Sinn Fein)
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How does the Minister of State know that?

Damien English (Meath West, Fine Gael)
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The arrangements at Shannon are based on international rules.

Paul Gavan (Sinn Fein)
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The aircraft have never been searched.

Damien English (Meath West, Fine Gael)
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The operation at Shannon is based on international best practice.

Paul Gavan (Sinn Fein)
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Best practice?

Damien English (Meath West, Fine Gael)
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Bilateral relations between friendly nations are founded on mutual trust, with both parties having an interest in maintaining that trust. This arrangement has been in place at Shannon for the past 20 or 30 years.

Paul Gavan (Sinn Fein)
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That is not true.

Damien English (Meath West, Fine Gael)
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Despite this issue constantly being raised what is suggested has never been proven.

Paul Gavan (Sinn Fein)
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That is because the aircraft need to be searched.

Denis O'Donovan (Fianna Fail)
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Never the twain shall meet. The Minister of State has given his response and Senator Gavan has made a powerful case but it does not appear that we will get agreement on it today. I am sure this is a matter that will be raised again.