asked the Minister for Foreign Affairs the procedures which are in place pursuant to the Air Navigation Act (Foreign Military Aircraft) Order, 1952 or otherwise to ensure that foreign military aircraft over-flying Irish air space do not carry dangerous nuclear fissible material or nuclear weapons; and whether prior assurances are sought and obtained in respect of any permission given for overflights, that no such weapons are carried.
Written Answers. - Military Overflights.
69.
The Air Navigation (Foreign Military Aircraft) Order, 1952, provides that foreign military aircraft may not fly over the State unless at the express invitation or with the express permission of the Minister for Foreign Affairs. Accordingly, permission for overflights of foreign military aircraft has to be sought from me. The granting of such permission is dependent on certain conditions being met which are drawn to the attention of the countries concerned. The most important of these conditions are that the aircraft be unarmed, not carry arms, ammunition or explosives and not engage in intelligence-gathering. Further, the flights in question must not form part of military exercises or operations.
In addition to these provisions the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order, 1973, provides that dangerous goods shall not be carried in any aircraft in or over the State save with the permission of the Minister for Tourism and Transport. In accordance with general international practice the carriage in aircraft generally of certain goods, including fissile material, which are defined and listed as dangerous goods in the publication "Technical Instructions for the Safe Transport of Dangerous Goods by Air" and its supplement of the International Civil Aviation Organisation (ICAO) is allowed — subject to the condition that the regulations in regard to packaging safety etc., contained in that publication are complied with.
I would add that while fissile material is included on this list and its carriage is permitted under ICAO practice, the conditions imposed by me as Minister for Foreign Affairs under the 1952 Order, which I have referred to, prohibit the carriage of explosives as such and this would of course include nuclear weapons.