Dáil Éireann Debate, Wednesday - 12 April 2017
34. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade the role of his Department in regulating the activity of Royal Air Force, RAF, fighter jets empowered to carry out military operations in Irish sovereign airspace (details supplied); and if he will make a statement on the matter. [18005/17]
View answerThere is a sort of secret pact between the British and Irish authorities which allows the RAF to intervene in Irish-controlled airspace in the event of a terrorist incident involving civil aviation in our skies. This pact has been much speculated upon in this House since 2001 and in the media since 2016. When I raised it previously with the Minister, he said it was a national security matter. This morning he said that there is no agreement. That is an interesting choice of words because an agreement has to be laid before the House. The question was whether an informal arrangement, pact or similar understanding exists now or ever has existed.
The Air Navigation (Foreign Military Aircraft) Order 1952, made under the Air Navigation and Transport Act 1946, gives the Minister for Foreign Affairs primary responsibility for the regulation of activity by foreign military aircraft in Ireland. Successive Ministers for Foreign Affairs have put in place strict conditions which must be satisfied before permission to overfly the territory of the State may be granted. Thorough and robust procedures are in place in my Department with a view to ensuring that the conditions for securing permission for foreign military aircraft to overfly the State are clearly understood and properly applied. These procedures are kept under ongoing review.
Comprehensive records on requests received and decisions made are retained for the purposes of monitoring and oversight and are drawn on as needed including to provide information to this House, as appropriate.
I cannot comment on any reports concerning national security matters or responses that might be taken in the event of an attack on Ireland or a serious and immediate security threat to Ireland or its people. However, I can state that in discharging the fundamental responsibilities of the Executive as set out in the Constitution, the Government’s engagement in international security co-operation is aimed at ensuring public safety and is conducted with full respect for Irish sovereign decision-making authority and for Ireland’s traditional policy of military neutrality.
That reply is wholly unacceptable. This issue has been debated in the Irish media for some considerable period of time, with sources such as five alleged senior personnel in the Irish Defence Forces, personnel in the British Defence Forces or diplomatic corps confirming that such an arrangement exists and the Minister is telling us that national security prevents him from saying so in this House. I simply do not accept that. The matter was raised previously in 2001 and 2003. It was put to the then Minister for Defence, Michael Smith, who confirmed in 2003 that security services had been contacted and that in such an event in Ireland, we would clearly require the assistance of external forces. I will ask the Minister again. Is there or has there been an arrangement of any character with the RAF to intervene in regard to civilian aircraft in Irish controlled airspace?
The Deputy alleges the existence of an agreement allowing the RAF to shoot down suspect aircraft in Irish sovereign airspace. I can confirm for the benefit of the House that no agreement has been entered into by the State to grant any permission to the RAF, or indeed the military aircraft of any other state, to shoot down planes of any type under any circumstances over Ireland.
The Minister is playing with words. I did not ask him if there was an agreement. There are specific arrangements to be made if there is an agreement. If the Minister is saying there is no such arrangement, be it involuntary, informal or whatever way the Minister wants to put it, has he commissioned an investigation into the sources who are talking to media outlets, allegedly at a high level inside the Irish Defence Forces, with a very serious level of detail in these matters? Has he commissioned an investigation into where they have got their arrangement? Has he sought a review of the answers of his predecessor, the former Minister for Defence, Michael Smith, who seemed to indicate and verify some of these matters? These are highly serious issues in a country that proclaims to be neutral and if the Minister is denying that any such issue or arrangement exists at all, how does he see Ireland defending itself, as it were, in these scenarios since we well know that the current capacity of the Defence Forces would be incapable of withstanding such a situation? These are situations which have far-reaching effects for Irish citizens and our neutrality. We have to be open and honest about it and, frankly, the Minister in his answers is choosing to dodge the question he is being asked.
My Department ensures that detailed and robust procedures are in place to ensure that all relevant parties are fully aware of the requirements relating to applications for permission for foreign military aircraft to land in this State.
That is not what I asked the Minister.
There are no circumstances under which the RAF or any other air force takes over responsibility of the Irish Air Corps. The Government's engagement in international security co-operation is conducted clearly within the parameters of powers conferred in the Executive by the Constitution. I refer the Deputy to Article 16.6.1o of the Constitution vesting the right to raise and maintain military or armed forces exclusively in the Oireachtas.
