Clare Daly (Dublin North, United Left)
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158. To ask the Minister for Foreign Affairs and Trade if he will specify in detail the arrangements that allow the facilitation of the US military on actions that contravene Irish neutrality and the Hague Convention and were not mandated by the United Nations. [36104/14]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Ireland’s policy of military neutrality is characterised by non-participation in military alliances. This policy has been underpinned by a set of complementary values which includes the protection of human rights; support for development; and the promotion of disarmament and the elimination of weapons of mass destruction. Arrangements for the overflight and landing of US military aircraft at Shannon Airport have been in place continuously under successive Governments for over fifty years. I am satisfied that these arrangements, and those relating to the transit of US military personnel, are fully consistent with Ireland’s policies and legal requirements, including our traditional policy of military neutrality.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. In this context, permission for foreign military aircraft to land at Irish airports is given only on condition that the aircraft are unarmed, carry no arms, ammunition or explosives,do not engage in intelligence gathering, and that the flights in question do not form any part of military exercises or operations.In accordance with international practice, foreign military aircraft passing through Ireland with the permission of the Government are not subject to routine searches or inspections. The principle of sovereign immunity applies automatically to foreign State or military aircraft, as it applies to Irish State or military aircraft abroad.We will continue to follow the practice of successive Governments whereby, in accordance with international practice, details supplied to the Department of Foreign Affairs and Trade by diplomatic missions are accepted in good faith as being accurate. Information provided to other States by Irish diplomatic missions seeking diplomatic clearance for flights undertaken by the Air Corps is similarly accepted by those countries to be accurate. All other aircraft are subject to the normal inspections regime, which provides for the inspection of aircraft, among other reasons, in the interest of the security or safety of persons.

In relation to the transit of US military personnel through Shannon airport, the majority of these troops are carried on chartered civilian aircraft. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989, civilian aircraft are prohibited from carrying weapons or munitions over Ireland or into Irish airports unless they receive an exemption from the Minister for Transport. The US authorities are aware of the requirement that all carriers are obliged to seek permission for the transit of weapons and ammunition through Irish airports.

Ireland is not a party to the Hague Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land. The application of this Convention accordingly does not arise.