Violet-Anne Wynne (Clare, Independent)
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10. To ask the Minister for Foreign Affairs and Trade the reason US planes stopping at Shannon Airport are not searched to see if they are carrying arms for use in Palestine; his views on whether these actions are compatible with the historical and foundational Irish position of neutrality; and if he will make a statement on the matter. [27593/24]

Violet-Anne Wynne (Clare, Independent)
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I ask the Tánaiste to set out the reason US planes stopping at Shannon Airport are not searched to see if they are carrying arms for use in Palestine; his views on whether these actions are compatible with the historical and foundational Irish position of neutrality; and if he will make a statement on the matter.

Micheál Martin (Cork South Central, Fianna Fail)
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There is absolutely no evidence that any airport in Ireland or any Irish sovereign airspace is being used to transport weapons to the conflict in the Middle East. All foreign military aircraft wishing to overfly or land in the State are required, without exception, to obtain diplomatic clearance. This has been the case for many years. Such permission is granted only where all relevant conditions are met, including that the aircraft is unarmed, carries no arms, ammunition or explosives, does not engage in intelligence gathering and does not form part of a military exercise or operation.

Our policies on diplomatic clearance and the carriage of munitions of war on civilian aircraft are fully understood by the United States and other international partners. My Department regularly engages with the US and other embassies in Dublin on this issue and monitors compliance carefully. It is also expressly prohibited to carry munitions of war on civil aircraft in Irish sovereign territory unless an exemption has been granted by the Minister for Transport. 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 Israel. In respect of military aircraft, the only transit to Israel has been of senior political and military officials from the US travelling for meetings in the region.

To ensure full transparency, information on all military flights is published on the gov.ie website and updated on a monthly basis. The Department of Transport regularly publishes information relating to requests for exemptions for the carriage of munitions of war on civil aircraft. It should be noted that sovereign immunity, a long-standing principle of customary international law, means that a state may not exercise its jurisdiction in respect to another state or its property. This principle applies to foreign state or military aircraft in Ireland just as it applies to Irish State or military aircraft abroad. This means foreign military aircraft that are permitted to land in Ireland are not subject to inspection.

Violet-Anne Wynne (Clare, Independent)
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I appreciate the Tánaiste's response. Since the conflict began, 37,202 Palestinians have been killed and nearly 85,000 injured. I acknowledge that 1,200 Israelis are reported to have been killed, with nearly 5,500 reported as injured. Some 17,000 children are now known by the descriptor, wounded child with no surviving family, WCNSF. Approximately 70,000 homes have been destroyed and 1.7 million people in Gaza have been displaced.

On 18 June, the Leas-Cheann Comhairle asked in the Chamber whether aeroplanes are being inspected, as is our right to do and as we used to do prior to 2020. The Taoiseach replied that no exception has been applied for this year. The Tánaiste has said the same in his response. Given that 1,000 exemptions were granted in 2023, it is surprising that applications should drop so suddenly. The Official Report records Deputy Pringle asking whether inspections are being carried out, to which no response was given. Are inspections taking place?

Micheál Martin (Cork South Central, Fianna Fail)
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I am very clear that there is no weaponry going via Ireland to Israel and certainly, as I have said, not through any airport. There is absolutely no evidence at all to suggest any airport in Ireland or Irish sovereign airspace is being used to transport weapons to the conflict in the Middle East. There is a distinction drawn between civil aircraft and military aircraft. Civil aircraft come under the Department of Transport. Diplomatic clearance comes under the Department of Foreign Affairs. That is the long-standing situation. In our view, the permission given by Ireland to foreign military or state aircraft to overfly or land in this State is fully compatible with our policy of military neutrality.

Under the terms of the Air Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft seeking to overfly or land in the State require diplomatic clearance from the Minister for Foreign Affairs. This is subject to strict conditions, including stipulations that the aircraft must be carrying no arms, ammunition or explosives and must not engage in intelligence gathering, and that the flights in question must not form part of any military exercise or operation. Civil aircraft come under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, which prohibit such aircraft from carrying munitions and so forth.

Violet-Anne Wynne (Clare, Independent)
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I echo the concerns expressed by colleagues in the House and by the people of Ireland. I appreciate the Tánaiste's statement that there is no evidence of weaponry being transported through Ireland to Israel. However, there is also nothing to point to the contrary. The question is: how do we know? Do we take the word of those who possibly are supplying the arms being used in the genocide in Palestine? Do we accept that the oppressors of Palestine are not carrying arms through our airspace to perpetuate oppression and genocide in Palestine? I have been subject to a lot of lobbying on this issue. People are trying to find out definitively whether aircraft are being inspected or if it is the case that applications are being made for a diplomatic exemption and we are just taking the word of the applicants that no weaponry is being transported.

Micheál Martin (Cork South Central, Fianna Fail)
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I take the Deputy's point. We condemn the bombardment of Gaza. What is happening in Gaza is absolutely shocking. It needs to stop and it must stop immediately. There has been a long-standing relationship between the United States and Israel, going back to the foundation of the latter state, and likewise between many European Union states and Israel. We are a militarily neutral country. We apply conditions to aircraft overflying or landing in the State. Aeroplanes will overfly Irish airspace, including thousands of civil aircraft. Any military aircraft requires diplomatic clearance to do so. There is full transparency in terms of both civil aircraft and aircraft seeking diplomatic clearance. As I said, there is a long-standing principle of customary international law that a state may not exercise its jurisdiction in respect of another state or its property. That long-standing principle applies to foreign state and military aircraft overflying or landing in Ireland, just as it applies to Irish State and military aircraft abroad.