Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

The Chairman referred to civil aircraft. Again, I emphasise that a decision to authorise or refuse applications for exemptions in this matter is a matter for the Minister for Transport, Tourism and Sport. He has had the opportunity of coming before the committee and I understand there was considerable engagement on these issues. It is important to state, as I have done but I will say it again for clarification, that civil aircraft are prohibited from carrying weapons through Irish airspace and airports unless an exemption has been obtained in advance from the Minister for Transport, Tourism and Sport.

Various issues require detailed consideration before a decision will be made. As a matter of policy, the Department recommends against the carriage of such items on such planes. In 2014, we recommended against approval of 19 applications for exemptions. These related mainly to applications where there was a proposed carriage of munitions of war. As far as the troops that the Chairman mentioned are concerned, in terms of the numbers it is clear that the vast majority of such transit arrangements involve civil aircraft transiting through Irish airspace or airports. We do not regard that as being inconsistent with a policy of military neutrality. The granting to the United States and its allies of overflight permissions and facilities and the provision of landing facilities at Shannon by no means constitute an act of participation or, indeed, any participation in war within the meaning of our Constitution, in particular Article 28.3 thereof.

It is important, again, to state that there is a clear distinction between the legality of Ireland granting these permissions and providing these facilities, on the one hand, and the legality in international law of the proposed armed conflict in Iraq on the other.

There are different and distinct legal issues involved here. Legal opinion is divided and there are doubts as to the legality of a proposed armed conflict in Iraq in any event. The Deputy mentioned a UN resolution, but the absence of a further UN resolution authorising military action does not determine the US legal position is not sustainable. At all times, I want to keep the distinction clear between political and military neutrality and between civil and military aircraft. Deputy Kirk raised an important point in regard to military aircraft, namely, the distinction between a military overflight and a military landing.