Barry Ward (Dún Laoghaire, Fine Gael)
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209. To ask the Minister for Foreign Affairs and Trade the position regarding the legal advice he received in relation to the use of Shannon Airport by United States aircraft carrying deportees to North Africa (details supplied); and if he will make a statement on the matter. [37781/25]

Simon Harris (Wicklow, Fine Gael)
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As the flight in question was undertaken by a civil aircraft, no request for diplomatic clearance was sought or required. As is well known, diplomatic clearance to overfly or land in the State is required from my Department for all military and state aircraft, but not for civil aircraft.

The Convention on International Civil Aviation (the Chicago Convention), and its associated annexes, established the framework for the operation of international civil aviation. Both Ireland and the United States are contracting parties to this Convention. Article 5 of this Convention provides for the right of air operators of contracting parties to operate non-scheduled overflights and stops for non-traffic purposes in the territory of the other contracting parties. As such stops at Irish airports by private and commercial charters which are technical stops for non-traffic purposes (i.e. not picking up or setting down passengers), do not require prior authorisation from the Department of Transport.