Alice-Mary Higgins (Independent)
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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.

Colm Burke (Cork North Central, Fine Gael)
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I thank the Senator. I am taking this matter on behalf of the Minister. I apologise that he could not be here today to take this Commencement matter. The carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory or on an Irish-registered civil aircraft, wherever it may be operating, unless an exemption is granted by the Minister for Transport. This is implemented in Irish law through the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989. These orders define munitions of war as “weapons and ammunition designed for use in warfare and includes parts of or for such weapons and ammunition”. Dual-use goods, which the Senator has mentioned, are not referenced within these orders. The orders further provide that weapons which are not considered to be munitions of war may be carried as part of the baggage of a passenger if kept in an inaccessible area of the aircraft and, if a firearm, is unloaded. This facility allows for hunting and sporting weapons to be carried on flights, which can be a common occurrence depending on the area of the world in which the flight is taking place.

Each year, approximately 1,000 exemptions are granted by the Department of Transport. These predominantly fall into two categories. The first relates to armed law enforcement or military personnel on Irish-registered aircraft operating scheduled flights in the European Union. The second relates to US military personnel carried by a US civil air operator either overflying or landing briefly in Ireland where the unloaded personal issue weapons of those personnel are on board. It is important to highlight that, in this second case, should no personal issued weapons be carried, no exemption would be required.

A long-established process of consideration and consultation is utilised when applications for exemptions are received from civil air operators. This includes consulting with the Departments of Foreign Affairs and Justice on foreign policy and security considerations. The Irish Aviation Authority, the State agency with responsibility for regulating the carriage of dangerous goods by air, is consulted on any applications for an exemption to permit the carriage of munitions of war also classified as dangerous goods, such as ammunition. In all cases, the Department of Defence is informed of applications received.

I can confirm that no inspections under the 1973 order have taken place since May 2024. The inspection provisions within the orders are limited to circumstances where there is an appearance that an aircraft is intended or likely to be flown from any place within the State in such circumstances that the flight would be in contravention of the order. However, these provisions are not deemed to be sufficient to provide for random inspections nor do they relate in any way to aircraft that are overflying and do not land on sovereign territory.

In answer to the second part of the Senator’s query, I am informed that, from May 2024 to the end of October 2024, the last full month, 686 applications for an exemption were received by the Department of Transport and 665 of these were granted. Of these 665 exemptions, 247 were granted to Irish-registered aircraft operating outside of the State, 135 were granted to civil aircraft landing in or taking off from the State and 283 were granted to civil aircraft overflying the State.

It must be noted that exemptions are granted to civil air operators and not to nation states. Furthermore, the exemption granted is for the carriage of munitions of war through Irish sovereign territory or on board an Irish-registered aircraft. It is not an approval to land at any airport outside the State. This is a matter for the state to which it is being flown and its own domestic procedures.

Alice-Mary Higgins (Independent)
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What I am hearing is that the "eyes wide shut" approach is continuing.There is a suggestion there has been no inspection despite the litany of reports we have seen. We are not calling for random inspections, we are calling for very real and reasonably targeted inspections of flights coming from countries such as the US and Germany in particular, which have been shown to be carrying arms. We have seen a pattern of arms being carried. Aircraft such as Challenger have been shown to have carried munitions through the State. There are also the FedEx flights that I mentioned. These are all reasonable grounds. The pattern of a clear assumption of full impunity for anybody flying through is the reason we need to exercise the powers that are there, where there may be reason to suspect - not where they may be suspected - that those carrying out flights may be likely to be in breach. These are grounds for inspection. These are not random inspections. They are inspections to ensure, enforce and be serious about the fact that we do not want to be complicit in the flow of arms to a genocide, and that we will take all action under the laws we already have.

With respect to the suggestion that dual-use goods are not included, dangerous goods are prohibited. There has been a sevenfold export of dual-use goods, which are goods that can be used for military purposes, from Ireland to Israel. This maps onto the year in which the war has been conducted. This is seven times the amount of such goods at a time when there is a tech slump in Israel, so we know that most of that technology must be going to its other use, which is the military use. To say these are not dangerous goods covered by this is, of course, yet another obfuscation. Will the Minister of State clarify not only the question of random goods and flights but why there have not been any inspections of flights, given the alarming information? Is there a plan to change this during the period when an election is taking place and the Government is being formed, when the deaths will be continuing? Surely we can have some use of the powers that exist while we wait. I will await measures to tackle the overflights issue and I will be supportive when they come.

Colm Burke (Cork North Central, Fine Gael)
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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.

Alice-Mary Higgins (Independent)
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It would be more credible if the Government took the powers it has and used them to the fullest extent. That the legislation is from the 1970s and 1980s does not tell us anything. I have explicitly read into the record the powers that are there at present. Obviously we should have stronger powers but we should certainly have a first step which not only looks at the legislation but begins to look at some of the flights.