Clare Daly (Dublin North, United Left)
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208. To ask the Minister for Transport, Tourism and Sport his views on whether chartered planes carrying only armed soldiers and-or military cargo are not military aircraft; if he will accept that any aircraft being used for exclusively military purposes should be treated as a military aircraft and responsibility for all such aircraft and all US military personnel and war materials transiting through airports and airspace here should be co-ordinated under one Department and Minister; and if he will indicate where sole responsibility for such matters lies. [36105/14]

Paschal Donohoe (Dublin Central, Fine Gael)
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Ireland is a party to the Convention on International Civil Aviation, done at Chicago on 7 December 1944.  Ireland’s rights and obligations under the Convention have been incorporated into Irish law by means of the Air Navigation and Transport Acts. The Convention covers civil aviation; 'State Aircraft', including military aircraft, are excluded from its scope.  

The Air Navigation (Foreign Military Aircraft) Order 1952 defines foreign military aircraft as 'including naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose shall be deemed to be an aircraft used in military service'. Civil aircraft used to transport troops or munitions do not fall under this definition, as they are not military aircraft and are not commanded by military personnel.

Under the 1952 Order the Minister for Foreign Affairs and Trade has responsibility for the regulation of activity by foreign military aircraft in Ireland. 

This division of responsibility for civil and military aircraft is in line with international norms. My Department and the Department of Foreign Affairs and Trade liaise closely and I do not see any need to bring the two matters under one Department or Minister.