Réada Cronin (Kildare North, Sinn Fein)
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13.To ask the Minister for Foreign Affairs and Trade the actions he has taken and will take to uphold the State’s standing and reputation as militarily neutral, given the reported breaches of Irish space in the transport of weaponry or components thereof in the pursuit of, or arming of, war crimes and crimes against humanity in Gaza[35629/24]

Micheál Martin (Cork South Central, Fianna Fail)
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I am aware of recent media reports regarding civil aircraft flights to Israel.

As the Deputy is aware, under the terms of the Air Navigation (Foreign Military Aircraft) Order, 1952, all foreign military aircraft wishing to overfly, or land in, the State require diplomatic clearance from the Minister of Foreign Affairs.

Diplomatic clearance is subject to strict conditions, including that the aircraft is unarmed; that it carries no arms, ammunition or explosives; that it does not engage in intelligence gathering; and that the flight in question does not form part of a military exercise or operation. This policy is well known and is fully understood by the United States and other international partners, and is done in full compliance with Ireland’s traditional policy of military neutrality.

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign territory, without being granted an exemption to do so by the Minister for Transport. Statistics on such exemptions are published on the Department of Transport’s website.

In considering any application for such an exemption in respect of munitions of war, the Department of Transport consults with the Department of Foreign Affairs and the Department of Justice on applications to determine if there are foreign policy or security considerations to take into account.

The process is robust and includes advice from my Department in respect of international humanitarian law, Ireland’s international obligations and our wider arms control, disarmament and non-proliferation policy.

In 2023, and to date in 2024, no applications have been received or exemptions granted for the carriage of munitions of war on civil aircraft to a point in Israel. The Department of Transport is now examining these media reports, including through engaging with the carrier concerned. It is important that we take the time to establish the facts of what has happened, and that is the urgent work that the Department of Transport is currently taking forward.