Eamon Ryan (Dublin Bay South, Green Party)

I propose to take Questions Nos. 52, 74, 79, 88, 92, 110 and 111 together.

In my earlier answer, I outlined the requirement to receive an exemption to carry munitions of war on civil aircraft in Irish sovereign territory or on Irish-registered aircraft wherever they are operating. I outlined the two categories the majority of granted exemptions fall into. I also outlined the difference between Irish-controlled and Irish sovereign airspace. I wish now to provide some detail on the complexity of international aviation, with a focus on what are referred to as transit rights, which comprise overflights and stops for non-traffic purposes, for example, refuelling or crew change.

The Chicago Convention 1944 and its annexes provide the framework that governs the safe operation of international aviation. Over 190 states are contracting parties to this convention, Ireland included. Article 35 of this convention sets out the requirement that munitions of war must not be carried on civil aircraft without the express permission of all states overflown and landed in.

Article 5 of the convention also provides for the right of overflights and non-traffic stops, without first obtaining permission to do so for non-scheduled flights. Similarly, the International Air Services Transit Agreement provides for the same rights for scheduled air services.

The provisions I have outlined have been provided for in Irish law, the import of which means that my Department does not receive prior notification of overflights by operators of states which are parties to such agreements, save where there is an intention to carry munitions of war.

Flight plans can be submitted up to three hours prior to operations. These are submitted to Eurocontrol, an international organisation tasked with the managing the capacity of European airspace. Once validated, flight plans are then directed to the relevant air navigation service provider with responsibility for the airspace the operator wishes to use. In Ireland, that provider is AirNav Ireland. Flight plans will contain a range of information such as the type of operation, the time and points of origin and destination and any technical or fuel stopsen route. There is no specific requirement for a flight plan to include information on munitions of war being carried.

This information serves to illustrate to the House that unless an air operator has sought an exemption to carry munitions of war, there is no mechanism by which my Department will have knowledge of the type of cargo that is being carried on such overflights. As I have outlined the mechanism governing overflights, I can advise that it would be unusual for my Department to receive information indicating that an aircraft which is already overflying is carrying munitions of war. Such a scenario has not arisen in the past. It would be a complex matter to deal with in real time, and obviously safety considerations would be paramount. Should such a scenario arise, my officials would engage immediately with the air operator concerned to confirm the detail of what is being carried. Consideration would then be given to the most appropriate course of action.

The purpose of the recently communicated notice to airmen, or NOTAM, was to serve as a reminder of our legislative requirements to pilots-in-command. I await the completion of these examinations by my officials. The actions to be taken then will have to be determined in accordance with the provisions of the legislation. An offence is provided for in Irish law and my officials are exploring the legal powers which regulate this matter. Any potential action must be supported by robust evidence.

This is a unique situation and the legislation in question dates from the 1970s and 1980s. This legislation is already being examined in the context of considering the introduction of a system of random inspections, as signalled by me in the summer. Amendments to address any deficiencies brought to light by recent events will also be the subject of this consideration.

To summarise, we operate under international law and with our European colleagues to make sure we uphold our right that no munitions cross Irish airspace or land in Irish airports without the express permission of the Irish Government. This was the case prior to any of this information raised during the autumn period by The Ditch. We said we had to strengthen and enhance our ability to search, sample and sanction and that is what I intend to do going back to the Government, including any evidence presented. We need to see the proper evidence and we have contacted all the airlines cited in the media information provided to try to assess in each individual case what the reality was.

We are united in this House. We all agree that we do not want to facilitate the carriage of munitions, particularly if they are engaged or used in, or enable, what is an ongoing tragedy and travesty in Gaza, south Lebanon, the West Bank and the Middle East. No one seeks to approve, condone or accept any such support, but we have to make sure what we do in regulating that is in compliance with international law and gives real certainty and clarity. There are a lot of overflights, many of which, as I set out in the Department's response, are in real-time situations where there is not absolute certainty about what the aircraft is carrying. We need to enhance our ability to have that certainty and that is what I intend to do, learning from what has been seen and has happened in recent weeks and months.

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