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Military Aircraft Landings

Dáil Éireann Debate, Tuesday - 13 November 2018

Tuesday, 13 November 2018

Questions (138)

Clare Daly

Question:

138. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 323 of 25 October 2018, notwithstanding the fact that allowing the aircraft in question to refuel and transit through Shannon Airport is not in breach of the 1944 International Air Services Transit Agreement, the way in which the transit of a large numbers of troops from a belligerent state through a neutral state on their way to and from war zones complies with Article 2 of the 1907 Hague Convention (V) on neutrality; and the further way in which it complies with the High Court decision in Horgan v. An Taoiseach (details supplied). [46551/18]

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Written answers

This Government is fully committed to Ireland’s longstanding policy of military neutrality, which is characterised by non-participation in military alliances.

Whilst the judgment of Mr. Justice Kearns in the 2003 High Court case of Horgan v Ireland did include certain observations on the customary international law of neutrality, these were not relevant to the outcome of the case. The plaintiff’s action failed on other grounds.

This Government will continue to promote and uphold Ireland’s traditional policy of military neutrality. This is reflected in the imposition by my Department of conditions on landings and overflights by foreign military aircraft and similarly in the advice it provides to the Department of Transport, Tourism and Sport on requests for exemptions by civilian carriers under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973.

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