Clare Daly (Dublin Fingal, Independent)
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96. To ask the Minister for Justice and Equality further to Parliamentary Question No. 161 of 1 February 2017, if An Garda Síochána has no role in relation to the inspection of civilian aircraft transiting through Shannon Airport that are chartered to or on contract to the US military or to aircraft that have been known to have been associated with the US intelligence agency, the CIA; and if any such aircraft have been searched or investigated by An Garda Síochána at any time since September 2001. [6300/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The position in respect of the powers of search available to An Garda Síochána is based on detailed advices received from my predecessors from the Attorney General and has been elaborated in this House on many occasions in the past. As I stated to the Deputy in response to Question No. 161 of 1 February 2017, An Garda Síochána has no role in relation to the inspection of foreign State or military aircraft which, in accordance with international law, enjoy sovereign immunity.

It bears repeating that An Garda Síochána has statutory powers of search and entry available to it under various legislative provisions and these apply to civil aircraft as much as to any other type of private property. However, these powers may only be exercised in circumstances where a member of An Garda Síochána reasonably suspects that an offence has been or is being committed. Of course these powers must be exercised in accordance with law. The mere suggestion or assertion of wrongdoing would plainly not be sufficient in this regard.

It bears repeating also that it is the case that An Garda Síochána has previously investigated a number of allegations made to it of unlawful activity at Irish airports and the Garda Authorities remain fully committed to investigate all alleged breaches of the criminal law, including alleged offences involving the use of aircraft at Shannon Airport or other Irish airports.