Gary Gannon (Dublin Central, Social Democrats)
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77. To ask the Minister for Foreign Affairs and Trade if permission was granted for flight RCH700 to operate within Irish sovereign airspace on 16 and 17 October 2024, specifically following its departure from Portsmouth International Airport in the USA on 16 October and its entry into Irish airspace off the coast of Kerry-Cork shortly after midnight on 17 October; and if he will make a statement on the matter. [44482/24]

Micheál Martin (Cork South Central, Fianna Fail)
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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.

The policy of diplomatic clearance is well known and is fully understood by the United States and other international partners.

It is also expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign airspace, without being granted an exemption to do so by the Minister for Transport. The system of exemptions is operated by the Department of Transport under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989.

It is important to draw a distinction between Irish sovereign airspace and Irish controlled airspace. The provisions of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders are only applicable within Irish sovereign airspace. This is not the case with regard to Irish controlled airspace, which is a larger area of airspace where Ireland’s role is limited to providing certain air traffic control services.

The Department has reviewed its records, and can confirm that no diplomatic clearance records are held by the Department in relation to the flight referenced by the Deputy.