Written answers

Tuesday, 20 April 2010

Department of Transport

Civil Aviation Regulations

9:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 455: To ask the Minister for Transport the process of granting exemptions from Articles 6 and 7 in the Air Navigation Order 1973; if a separate exemption must be sought for every flight by an exempted aircraft; the total number of aircraft permitted to carry munitions of war over Ireland exempt from Articles 6 and 7 as of 1 January 2010. [15044/10]

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 456: To ask the Minister for Transport the criteria used to decide if an exemption from the provisions of Article 6 of the Air Navigation is granted; the reason applications in recent years have not been granted; and if he will make a statement on the matter. [15045/10]

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 457: To ask the Minister for Transport if his attention has been drawn to the final destination of the flights carrying arms; the procedures in place to ensure they are not destined for embargoed destinations or destined for end-users likely to commit war crimes or human rights violations. [15046/10]

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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I propose to take Questions Nos. 455 to 457, inclusive, together.

The carriage of weapons and munitions of war on civilian aircraft is prohibited under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989, unless an exemption from this prohibition is granted by the Minister for Transport. The 1989 Order amended the 1973 Order to allow the Minister to specify the particular aircraft operation that he may exempt from the requirements of Articles 6 or 7 of the Orders. Previously the 1973 Order had provided for exemptions for a class of aircraft rather than a specific aircraft operation. The number of exemptions issued since 1 January 2010 is approximately 420.

The origin and destination of the flight is specified in the application for an exemption. In respect of each application the Department of Transport seeks the views of the Department of Foreign Affairs in relation to foreign policy, the Department of Justice and Law Reform in relation to security and, if the weapons/munitions are classified as 'dangerous goods' by the International Civil Aviation Organisation (ICAO), the views of the Irish Aviation Authority in relation to air safety. If any of these bodies objects, the Minister will not grant an exemption. For security reasons it is not the practice to comment on any reasons given for refusal in any particular case unless the cargo is of a nature that its carriage is specifically prohibited under international law (e.g. the carriage of landmines is prohibited under the provisions of the Ottawa Convention). Each application for an exemption is also sent to the Department of Defence for information.

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