Clare Daly (Dublin North, United Left)
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500. To ask the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 618 of 27 January, 2015 if he is responsible for authorising the transiting of foreign military personnel through Irish territory on civil aircraft, and if so under what legislation. [4844/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Primary responsibility for the regulation of foreign aircraft depends on whether such aircraft are designated as civilian or military. 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. The regulation of civilian aircraft is governed by the Convention on International Civil Aviation (the Chicago Convention) which came into force on 4 April 1947. Ireland’s rights and obligations under the Convention have been incorporated into Irish law through the Air Navigation and Transport Act 1946, as amended. The legislation provides that the Minister for Transport has primary responsibility for the regulation of civilian aircraft.

Where it is proposed that military personnel travelling on civilian aircraft should be accompanied by personal weapons, an exemption must be sought from the Minister for Transport, Tourism and Sport. In considering these requests, the Department of Tourism, Transport and Sport seeks the advice of relevant Government Departments and agencies, including my Department.

My Department also deals with requests to permit the wearing of foreign uniforms which is governed by the Defence Act 1954.