Mick Wallace (Wexford, Independent)
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78. To ask the Minister for Transport, Tourism and Sport if the internal review into SI No. 224 of 1973, the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order, his Department initiated almost a year and a half ago has concluded; the stakeholders consulted; his plans to publish the review; and if he will make a statement on the matter. [45626/18]

Shane Ross (Dublin Rathdown, Independent)
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The internal review of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989 is currently being finalised by my Department

The internal review is examining the Statutory Instrument primarily from an administrative and legal perspective. There is no proposal to change the long-standing Government policy of permitting aircraft used by the defence forces of various nations to transit through Irish airspace and airports, subject to appropriate terms and conditions.

The review is focussing on the administrative and legislative functioning of the procedures and systems currently in place.

In conducting the review my Department has consulted with the Departments of Foreign Affairs and Trade, Justice and Equality and Defence on munitions of war issues and with the Irish Aviation Authority, with regard to the carriage of dangerous goods.

The Chicago Convention, which is the main international treaty governing the operation of civil aviation, states that no civil aircraft may carry munitions of war over a state without that state’s permission. This requirement is ratified in Irish law by the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989. Under the terms of these Orders the carriage of weapons and munitions of war is prohibited on any civil aircraft in Irish airspace and on board any Irish registered aircraft, unless an exemption is granted by the Minister for Transport, Tourism and Sport.

My Department operates a well-established procedure under which airlines wishing to carry munitions of war through Irish sovereign airspace, to Irish airports or on Irish registered aircraft must apply for each flight at least 48 hours in advance. My Department seeks the views of the Department of Foreign Affairs and Trade in relation to foreign policy issues and the Department of Justice and Equality in relation to security issues. The IAA is consulted in relation to aviation safety issues for applications involving munitions of war that are also categorised as dangerous goods. If any of these bodies objects, an exemption will generally not be granted.

It is my intention to publish this review once finalised.

However, it is worth noting, that as Minister, in 2016, I used my discretion to refuse several applications. The department’s recommendation was to grant the permits, having received no objections to the application during the consultation process. In these cases I used my discretionary powers to refuse these applications. Previous Ministers have rarely, if ever, used their discretion to refuse applications in circumstances where the relevant Departments and the IAA were recommending that an exemption be granted. These applications related to the transport of munitions of war, categorised as dangerous goods i.e. munitions of war that contain material that is explosive, corrosive, flammable, toxic etc. Since I used my discretionary powers in 2016 to refuse these cases, very few (if any) applications have subsequently been received by the air operator concerned in respect of this category of munitions.