Written answers

Tuesday, 7 October 2014

Department of Foreign Affairs and Trade

Military Aircraft Landings

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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417. To ask the Minister for Foreign Affairs and Trade the actions he proposes to recommend to the Irish Government with regard to US troops and war materials transiting through Shannon Airport given the High Court ruling (details supplied) by Judge Kearns on 28 April 2003 in the Horgan v. Ireland case; and if he will make a statement on the matter. [34546/14]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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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. Arrangements under which permission is granted for US military aircraft to land at Irish airports are governed by strict conditions. These include stipulations that the aircraft must be unarmed, carry no arms, ammunition or explosives and must not engage in intelligence gathering, and that the flights in question must not form any part of military exercises or operations.

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, the carriage of weapons on commercial aircraft through Irish airspace and airports is prohibited unless an exemption has been obtained in advance from the Minister for Transport. Ireland has made overflight and landing facilities at Shannon airport available to the United States for well over 50 years. In relation to the transit of US troops through that airport, the Deputy will be aware that the majority of these personnel are carried on chartered civilian aircraft. The carriage of personal weapons by US military personnel on board chartered aircraft in transit through Shannon airport is subject to the issuance of an exemption under the 1973 Order in respect of each individual flight. The US authorities are aware of the requirement that all carriers are obliged to seek permission for the transit of these weapons through Irish airports.

Dr. Horgan’s 2003 High Court action failed because Mr. Justice Kearns found that, under the Constitution, generally recognised principles of international law do not create individual rights that can be enforced in the Irish courts. Accordingly, while Judge Kearns made observations on the customary international law of neutrality, these were not relevant to the outcome of the case.

The Government remains fully committed to the policy of military neutrality followed by successive Irish Governments, the central feature of which has been our non-membership of military alliances. Ireland is not, and has never been, politically or ideologically neutral, as successive Governments have been of the view that proactive engagement is required to address challenges to global peace and stability. Ireland is firmly committed to playing a positive and constructive role in the prevention and management of conflict.

I am satisfied that the arrangements relating to the transit of US military personnel and landing of US military aircraft at Shannon airport does not challenge or undermine this policy in any way.

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