Written answers

Tuesday, 20 June 2017

Department of Justice and Equality

Garda Powers

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

731. To ask the Tánaiste and Minister for Justice and Equality if the gardaí that were on duty at Shannon Airport on 25 April 2017 took steps to ascertain if two aircraft (details supplied) were fully in compliance with conditions related to permission to land in view of the fact that these two aircraft were en route from a US airbase in the USA to a war zone in the Middle East when they were refuelled; and if he will make a statement on the matter. [26942/17]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

829. To ask the Tánaiste and Minister for Justice and Equality the statistics for members of An Garda Síochána or airport police entering aircraft to verify that no renditions were taking place in accordance with our obligations under UNCAT in each of the years 2002 to 2016 and to date in 2017. [28181/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 731 and 829 together.

As the Deputy will be aware, the general position in respect of the powers of search available to An Garda Síochána in respect of aircraft have been set out for the House on many occasions previously. 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 at all times be exercised in accordance with law.

In accordance with international practice, foreign military aircraft which are granted permission to land in Ireland are not subject to inspection. Sovereign immunity, a long-standing principle of customary international law, means that a State may not exercise its jurisdiction in respect of another State or its property, including State or military aircraft.

In respect of the statistical information sought by the Deputy, which covers a very wide time frame, I have sought a report from the Garda Authorities and I will correspond directly with the Deputy when the information is to hand.

Comments

No comments

Log in or join to post a public comment.