Dessie Ellis (Dublin North West, Sinn Fein)
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Question 37: To ask the Tánaiste and Minister for Foreign Affairs if he will expand the definition of aircraft subject to the provisions of the Air Navigation (Foreign Military Aircraft) Order 1952 to include all state aircraft. [8604/11]

Dessie Ellis (Dublin North West, Sinn Fein)
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Question 38: To ask the Tánaiste and Minister for Foreign Affairs if the Air Navigation (Foreign Military Aircraft) Order 1952 is sufficiently robust to deal with renditions; if civilian aircraft engaged in renditions are within the definition of military aircraft as they are operated by foreign intelligence services. [8603/11]

Eamon Gilmore (Dún Laoghaire, Labour)
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I propose to take Questions Nos. 37 and 38 together.

The Air Navigation (Foreign Military Aircraft) Order 1952 provides that no foreign military aircraft shall fly over or land in the State save on the express invitation or with the express permission of the Minister for Foreign Affairs. The Order specifies that foreign military aircraft includes "naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose". There are no current plans to expand the definition of aircraft contained in the Air Navigation (Foreign Military Aircraft) Order 1952.

In the event that permission is sought, my Department requires an undertaking from the relevant embassy that the aircraft in question will be unarmed; will not be carrying arms, ammunition or explosives; will not engage in intelligence gathering; and is not participating in military exercises or operations. These conditions are not legal requirements but are policy stipulations which are applied at my direction. Other data sought include the type and registration number of the aircraft, its call sign, the purpose of the flight, the nature of any cargo, its destination and point of departure, and estimated times of arrival and departure.

The regulation of civil aviation is primarily a matter for my colleague the Minister for Transport, Tourism and Sport. The Department of Transport is Ireland's primary interlocutor with the International Civil Aviation Authority, which has responsibility for the regulation of international civil aviation under the Chicago Convention. Ireland remains totally opposed to the practice of extraordinary rendition. This position has been reiterated on numerous occasions, both domestically and internationally.