I propose to take Questions Nos. 128 and 129 together.
The Minister for Transport, Tourism and Sport has primary responsibility for the regulation of foreign civil aircraft in Ireland. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order of 1973 the carriage of munitions of war is prohibited on civil aircraft through Irish airspace or airports unless an exemption has been obtained in advance from the Minister for Tourism, Transport and Sport. Questions concerning the operation of the application process are a matter for that Department.
When the operator of a civil aircraft makes an application to the Minister for such an exemption the Minister seeks the advice of relevant Government Departments and agencies. My Department is consulted in relation to any foreign policy issues that may arise and may provide observations to the Department of Tourism, Transport and Sport which takes the final decision on all applications.
In considering applications circulated by the Department of Tourism, Transport and Sport, my Department examines the nature of the munitions that it is proposed to carry. My Department will recommend against granting an exemption where the munitions in question are non-discriminatory in their effects. This policy stems from Ireland’s clear objection to “indiscriminate weapons” and is consistent with international humanitarian law (IHL) which regulates the conduct of armed conflict. A basic rule of IHL is that, in military operations, parties to an armed conflict must distinguish between combatants and civilians, and the use of a weapon which is inherently indiscriminate is prohibited.
Thus, as a matter of policy, my Department would recommend against granting an exemption for the carriage of items such as cluster munitions, anti-personnel landmines, chemical, biological, radiological and nuclear weapons. Additionally, my Department will generally recommend against granting an exemption for the carriage of grenades, bombs, missiles or rockets.
Ireland has been a strong advocate for the Arms Trade Treaty and was one of the first countries to sign and ratify the Treaty which entered into force on 24 December 2014. As a State Party Ireland will continue to advocate for implementation of the Treaty to reduce the risk of diversion, improve transparency and protect civilians by reducing the risks of weapons contributing to breaches in international humanitarian and human rights law, including the risk of weapons contributing to gender based violence.
