In giving permission for foreign military aircraft to overfly or land in the State, the Government is acting under the Air Navigation (Foreign Military Aircraft) Order, 1952, which allows the Minister for Foreign Affairs to grant permission to overfly or land in the State.
In the case of routine landings, confirmation is required that the aircraft is unarmed, does not carry arms, ammunition or explosives and does not form part of a military exercise or operation. Foreign military aircraft meeting these conditions have been granted permission to refuel at Shannon over a period of decades, under successive Governments.
The Deputy will also be aware of the decision, on an exceptional basis, to provide landing and refuelling facilities for foreign military aircraft pursuant to the State's obligations under UN Security Council Resolution 1368. This decision was adopted in response to the terrorist attacks of 11 September 2001. I am keeping these arrangements under review, in the light of progress achieved in the campaign against al-Qaeda and its Taliban protectors.
The question of landings of civilian aircraft carrying military personnel is a separate matter governed by civil aviation regulations.
I do not wish to speculate as to the conditions which will apply in the event of military action against Iraq. It is the view of the Government that any such action should be authorised by the UN Security Council. The Government believes diplomatic means continue to offer the best hope of resolving the current situation. We believe that every possible effort should be made to avoid the use of military force, which could have grave repercussions for the stability of the region. I am certain any decision to use force against Iraq and Ireland's position in regard to such a development will be fully debated by this House.
As regards granting overflight or landing permission, the Government's policy will be determined by our firm attachment to the United Nations and will take full account of the political circumstances applying at the time should that happen. Moreover, the House may rest assured that the Government will act in full accordance with our constitutional and legal obligations.