Dáil Éireann Debate, Wednesday - 17 September 2014
1172. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if all aircraft chartered to armies for transporting troops, munitions or military material should be designated as military aircraft and subject to the same restrictions; and if he will make a statement on the matter. [33099/14]
View answerPrimary responsibility for the regulation of foreign aircraft depends on whether such aircraft are designated as civilian or military.
The regulation of civilian aircraft is governed by the Convention on International Civil Aviation (the Chicago Convention) which came into force on 4 April 1947. Ireland’s rights and obligations under the Convention have been incorporated into Irish law through the Air Navigation and Transport Act 1946, as amended. The legislation provides that the Minister for Transport has primary responsibility for the regulation of civilian aircraft, including chartered flights.
Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989, civilian aircraft are prohibited from carrying weapons or munitions over Ireland or into Irish airports unless they receive an exemption from the Minister for Transport. Before issuing such an exemption, the Department of Transport seeks the advice of relevant Government Departments and agencies, including the Department of Foreign Affairs and Trade in relation to any foreign policy issues which may arise.
Responsibility for the regulation of activity by foreign military aircraft in Ireland is accorded to the Minister for Foreign Affairs under the Air Navigation (Foreign Military Aircraft) Order 1952. This Order defines foreign military aircraft (“aircraft used in military service”) as “including naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose shall be deemed to be an aircraft used in military service”. In such cases, the Embassy of the country in question submits a request for permission to my Department. As part of the decision-making process the Department then circulates these requests to relevant government Departments and agencies, including the Department of Transport. Input received is reflected in the responses issued by my Department.
I am satisfied that the current arrangements, which provide for consultation between the Department of Transport and the Department of Foreign Affairs and Trade are operating satisfactorily and I do not see a need to review the distinction between civilian and military aircraft.
