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Thursday, 7 Dec 2023

Written Answers Nos. 159-175

Passport Services

Questions (159)

Pearse Doherty

Question:

159. Deputy Pearse Doherty asked the Tánaiste and Minister for Foreign Affairs if passports will issue on time for children (details supplied) who applied for in October; and if he will make a statement on the matter. [54260/23]

View answer

Written answers

With regard to the specific applications about which the Deputy has enquired, the Passport Service has issued passports to the applicants.

I would ask the Deputy to encourage his constituents to use the Passport Online service which is the quickest, most efficient and cheapest way to apply for a passport.

Foreign Birth Registration

Questions (160)

Pearse Doherty

Question:

160. Deputy Pearse Doherty asked the Tánaiste and Minister for Foreign Affairs the status of a foreign birth registration for a person (details supplied); the timeframe in which it will be processed; and if he will make a statement on the matter. [54328/23]

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Written answers

Demand for Foreign Birth Registration (FBR) increased significantly as a result of the Brexit vote in the UK. The service was also impacted by necessary Covid-19 restrictions in 2020 and 2021 and the unprecedented demand for passports seen in 2022.

Foreign Birth Registration, by its nature, is a detailed and complex process, often involving official documentation relating to three generations and issued by several jurisdictions. Such documents take considerable time to validate.

FBR applications are currently being processed within the normal turnaround time of 8 months from receipt of all required supporting documents. Applications that require further supporting documents will take longer to process.

With regard to the specific Foreign Birth Registration application about which the Deputy has enquired, this application has been approved. A certificate will issue to the applicant shortly.

Environmental Policy

Questions (161)

Fergus O'Dowd

Question:

161. Deputy Fergus O'Dowd asked the Minister for the Environment, Climate and Communications how he intends on making eco-friendly products such as laundry products more affordable and accessible in Ireland over the coming years, considering that many people currently accessing such products are ordering from abroad; and if he will make a statement on the matter. [54369/23]

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Written answers

An effective transition to a circular economy in Ireland will transform the way materials and resources are consumed, and how the products that households and businesses use are designed and marketed. It will also prevent waste generation, reduce consumption, and extend the productive life of goods. Delivering a circular economy will ensure a focus and increased consumer awareness on the broader impacts of consumption patterns beyond waste generation, and enable more sustainable consumer choices.

The Government’s Waste Action Plan for a Circular Economy, published in 2020, reconfirms the link between the circular economy and climate action and mandates a whole-of-government approach to ensure a successful transition to a circular economy. The Whole-of-Government Circular Economy Strategy 2022-2023, published in December 2021, sets out an overall policy approach to achieving a circular economy, including the development of a circular economy for consumer goods. The next iteration of the strategy is currently being developed by my Department and will set out targets for, inter alia, reductions in material resource consumption across a range of sectors including the retail and packaging sectors. These national policy developments are in line with policy developments at EU level, including the European Green Deal and the New Circular Economy Action Plan, which commit to sustainable consumption and transferring the EU into a circular economy.

Departmental Policies

Questions (162)

Alan Dillon

Question:

162. Deputy Alan Dillon asked the Tánaiste and Minister for Defence the main policy achievements of his Department in 2023; and if he will make a statement on the matter. [54288/23]

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Written answers

The Programme for Government contains an ambitious range of commitments concerning the Defence sector that my Department will continue to implement over the lifetime of the Programme.

One of the key commitments was to establish a Commission on the Defence Forces. On the 15th December 2020, the Government approved terms of reference and the membership of an independent Commission on the Defence Forces, and their report was published on the 9th February 2022.

Government approval has been given for a move to 'Level of Ambition 2' (LOA2), as set out in the capability framework devised by the Commission on the Defence Forces. This will result in the Defence budget rising from €1.1 billion to €1.5 billion, in 2022 prices, by 2028, the largest increase in Defence funding in the history of the State. This demonstrates the Government’s strong commitment to support the transformation of the Defence Forces into a modern, agile military force, capable of responding to increasingly complex security threats.

The High Level Action Plan for the report of the Commission set out a total of 38 early actions to be completed within 6 months of the Government decision. A comprehensive written update on all 38 early actions was published on March 23rd of this year, and included the status of each of the 38 early actions in tabular form. To date 37 out of the 38 Early Actions from the High Level Action Plan have been completed, with work ongoing on the Working Time Directive.

Some specific initiatives included the immediate commencement of planning for military radar capabilities, including primary radar, the establishment of an Office of Reserve Affairs with the priority objective of developing a regeneration plan for the Reserve Defence Force and the commencement of a Strategic Defence Review (SDR). On foot of a recommendation of the Commission on the Defence Forces, a new Capability Development Unit has been established to take a new top down strategic approach to Capability Development Planning.

The High Level Action Plan set out the initial implementation and oversight structures. A High-Level Steering Board has been established, chaired by the Secretary General of the Department of the Taoiseach, to oversee the implementation. An independently chaired Implementation Oversight Group has been established to monitor the implementation of the recommendations approved by Government. Ms. Julie Sinnamon has been appointed as the independent chair of this group. There have been seven meetings of the Group to date; most recently on the 20th of October.

A key early action, and key output from the opening phase of the Transformation Programme, the development of a detailed implementation plan, is now complete and was noted by Cabinet and published on the 21st of November. This plan sets out an ambitious programme of work to move to ‘Level of Ambition 2’ (LOA 2) by 2028 and the significant and fundamental change for the Defence Forces that will be delivered across the Commission’s recommendations

The report of the Independent Review Group (IRG) established to examine dignity and equality issues in the Defence Forces was published following Government approval on 28th March 2023. As part of the response to the IRG Report, the Government approved the establishment of an External Oversight Body for the Defence Forces to drive the necessary culture changes throughout the Defence Forces and enhance transparency and accountability. This is an essential part of the transformation of the current workplace to support current serving members.

The External Oversight Body is chaired by Prof. Brian MacCraith; its Terms of Reference were published on the 12th July. To support the body in its work, a dedicated Secretariat has been established and to date the Body has met on 15 occasions. Legislation is also being developed to put this Body on a statutory footing as soon as possible.

In September 2023, the Strategic Framework - Transformation of the Defence Forces was published. This document clearly sets out the vital work that is underway relating to the transformation of the Defence Forces and outlines the necessary actions to be delivered by the end of 2024. It covers the recommendations made in the Report of the Independent Review Group on Dignity and Equality issues in the Defence Forces (IRG) and the Commission on the Defence Forces Report (CoDF), together with measures to address recruitment and retention challenges, and the legislative changes needed to modernise our Defence Forces.

The finalisation of ongoing White Paper Projects, and the scheduled initiation of the majority of the future projects, has been evaluated and considered in light of the CoDF. It has been agreed that the majority of the projects could be merged within the CoDF project mechanisms, with small numbers either to be progressed on a standalone basis or closed.

The Department of Defence and Defence Forces Annual Report for 2022 was published in August followed by the Department of Defence and Defence Forces Strategy Statement 2023-2026 in October.

The Strategic Defence Review has commenced with the preparation of a revised security environment assessment (SEA) which is currently being conducted by an interdepartmental working group and will address the significant security environment changes since the invasion of Ukraine. A fresh consideration of the implications of this assessment for overall policy requirements, associated tasks, capability development and resourcing will then be completed.

In terms of military equipment two new Airbus C-295W Maritime Patrol Aircraft were delivered during 2023. These aircraft will enhance the Air Corps’ maritime surveillance capability and will provide a greater degree of utility for transport and cargo carrying tasks. In addition, a contract for a military transport aircraft has been placed. While a tender process has been initiated to purchase a new Government Jet.

Two Inshore Patrol Vessels bought from the New Zealand Navy were delivered to Cork in 2023. They are expected to become operational in 2024. The mid-life refit of LÉ Niamh is ongoing and expected to complete in 2024. Marine advisors have been appointed to support the procurement of a Multi-Role Vessel (MRV) to replace the now decommissioned former flagship LÉ Eithne. This work is underway and will inform a public tender competition, in line with the Public Spending Code, in due course.

The MOWAG Midlife Upgrade Programme to upgrade and maintain the Army’s fleet of 80 MOWAG Armoured Personnel Carriers continued in 2023 . Four armoured utility vehicles were also delivered which completes a multi-year programme to introduce a brand new vehicle type to the Defence Forces fleet, offering essential force protection to personnel on overseas missions.

Significant contracts were finalised in 2023 to acquire force protection and soldier systems including Night vision equipment, CBRN Suit Replacement and EOD Systems upgrades.

The acquisition of ammunition for training and overseas deployments continued throughout 2023. These included small, medium and large calibre, pyrotechnics, EOD munitions, Short Range Manually Portable Air Defence missiles and Javelin missiles.

The Defence Forces Infrastructure Development Plan (IDP) sets out a programme of project delivery for the years 2023 to 2027. The updated Plan estimates infrastructure requirements to be in the region of some €300m for the coming years and there are currently over €130m worth of projects underway at different stages of development.

Recruitment and retention of personnel is a key priority for me. My Department has progressed a number of activities relating to recruitment and retention in the Defence Forces, and related HR issues including commissioning from the ranks, the re-entry of former PDF personnel with specific skills, a sea-going commitment scheme for Naval Service Personnel, an Air Corps Service Commitment Scheme, the Naval Service Tax Credit and extending service limits for Privates, Corporals and Sergeants. On 15th November I announced that with effect from 01 January 2024 the Patrol Duty Allowance (PDA) paid to Naval Service personnel will be doubled after ten days at sea.

A review of mandatory retirement ages in all ranks in the Permanent Defence Force is ongoing. The extended Building Momentum Agreement 2021-2023 provides for increases in pay for all public servants, including members of the Defence Forces of 6.5% over the lifetime of the agreement. A sub-committee of the Defence Conciliation and Arbitration Council (comprising of the Representative Associations, military and civil management) has been established to discuss, where appropriate, matters relating to implementation of the Working Time Directive. Discussions with the Defence Forces Representative Associations will continue to be undertaken through this forum as the current work evolves.

Arising from a Programme for Government commitment, sanction was secured from the Department of Public Expenditure, Reform and NDP Delivery during 2023 for the extension of private secondary medical care to all Defence Forces ranks. The maximum age of recruitment has increased to 29, for General Service Recruits, Cadets, Air Corps Apprentices and certain Specialists.

In relation to legislation, some of the main policy achievements for 2023 included the enactment and commencement of the Civil Defence Act 2023, amendments to sections 169 and 192 of the Defence Act 1954 prepared and included in the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023; these amendments give effect to a recommendation of the Independent Review Group on Dignity and Equality Issues in the Defence Forces concerning the investigation and trial of sexual offences involving persons subject to military law; and the preparation of the General Scheme of the Defence (Amendment) Bill 2023 progressed.

A three year implementation plan for the Civil Defence policy “Civil Defence-Towards 2030” was approved and as part of this a new Civil Defence Volunteer and Equipment Management System went live in July. This new system allows for more efficient management of around 2,500 Civil Defence volunteers, their training and activities. It is also assisting with equipment and vehicle management. The Civil Defence Act 2023 was enacted in July. The Act provides a modern legislative basis for the Civil Defence organisation. Following the introduction of the new legislation, the Civil Defence Act 2023, Code of Practice Regulations 2023 (S.I. No. 371/2023) were introduced by the Minister. The Code of Practice prescribed in these regulations sets out grievance and disciplinary procedures as well as standards of conduct and integrity for Civil Defence volunteers.

In November, Ireland’s Individually Tailored Partnership Programme (ITPP) with NATO for 2024-2028 under the Partnership for Peace was agreed; the new ITPP framework presents an opportunity to enhance any Partner's cooperation in relevant areas of choice, including cyber, enhancing resilience, improved maritime situational awareness and climate change, and will aid Ireland being able to meet its obligations in providing professional peacekeepers for multinational crisis management and peacekeeping operations mandated by the UN.

Government and Dáil approval was received in July 2023 for Ireland’s participation in four European Defence Agency Projects (1) Joint Procurement of Soldier Equipment; (2) Joint Procurement of CBRN equipment; (3) Joint Procurement of Ammunition; and (4) MICNET (Military Computer Emergency Response Team Operational Network).

In June, the Department, in conjunction with the Department of Foreign Affairs, held the Consultative Forum on International Security Policy to build public understanding and generate discussions on Ireland’s foreign, security and defence policies. The Chair of the Forum delivered her Report in October of this year.

In April, Government and Dáil approval was secured for the deployment of the Irish naval vessel W.B. YEATS, as part of the EU naval mission EUNAVFORMED Operation Irini. The core task of Operation Irini is to contribute to preventing arms trafficking within its agreed Area of Operation in accordance with United Nations Security Council Resolutions on the arms embargo on Libya. The Irish vessel with a crew of 58 personnel were in operation with the EU naval mission during June and July 2023.

In February the government approved the participation of up to 30 Defence Forces’ personnel in the newly established European Union Military Assistance Mission in support of Ukraine (EUMAM Ukraine). The primary role of the Defence Forces is to provide training to members of the Ukrainian Armed Forces (UAF) in one or more EU Member States in which the training will take place. These trainers are supplemented by a small number of staff positions based in the Military Planning and Conduct Capability (MPCC) staff based in Brussels, Belgium and in the multinational Special Training Command (STC) in Strausberg, Germany. To date, Ireland has delivered training to approximately 237 UAF personnel across 6 training module iterations.

As Minister for Defence, I chair the Government Task Force on Emergency Planning supported by the Office of Emergency Planning in my Department. Particular policy achievements in this area include work to prepare the National Risk Assessment for Ireland 2023 and the publishing of the Strategic Emergency Management Framework Guideline Document 9 on Information Management. I also launched both the 2023 ‘Be Summer Ready’ Campaign, whose message was, “Think Water Safety - Plan and Prepare”, and the 2023/2024 ‘Be Winter Ready’ Campaign, which focused on, “Road Safety – Plan, Prepare, Be Aware.” Following the EU Council Recommendation of 8 December 2022 on a Union-wide coordinated approach to strengthen the resilience of critical infrastructure, my Department has coordinated the stress testing of the energy sector in 2023. In addition, my Department, in conjunction with the Shared Island Unit in the Department of the Taoiseach, hosted the 2nd annual All Island Disaster Risk Reduction Conference, which focused this year on the key topic of emergency communications.

I am satisfied that significant progress is being made in implementing the Government’s ambitious programme for Defence and I look forward to ongoing delivery of key commitments for my Department and the Defence Forces.

Defence Forces

Questions (163)

Aengus Ó Snodaigh

Question:

163. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Defence if he will make a statement about the contents of the article in a newspaper (details supplied) on 4 December 2023 about a serving soldier receiving horrendous physical and mental abuse at the hands of superior officers in the Air Corps. [54402/23]

View answer

Written answers

I would like to thank the Deputy for his question; I am not at liberty to discuss or comment on any protected disclosure, however, I am assured by Military Management that the Defence Forces affords all legal protections to personnel making protected disclosures and is on record for encouraging members to speak out against abuse of any kind either through official Defence Force channels or by protected disclosure if they feel that is their only option. General Routine Order 07/2015 – Defence Force Policy on Protected Disclosures reinforces the Defence Forces legal obligations regarding protected disclosures.

Defence Forces

Questions (164)

Aengus Ó Snodaigh

Question:

164. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Defence if he has reiterated to all branches of the Irish Defence Forces, in particular the protection which whistle-blowers should have and that rather than punishing those revealing abuse in the Defence Forces, they should encourage members to come forward so as to end abuse of power and authority, end bullying and physical and sexual abuse; and if he will make a statement on the matter. [54403/23]

View answer

Written answers

I would like to thank the Deputy for his question; Military Management have advised that the Defence Forces affords all legal protections to personnel making protected disclosures and is on record for encouraging members to speak out against abuse of any kind either through official Defence Force channels or by protected disclosure if they feel that is their only option. General Routine Order 07/2015 – Defence Force Policy on Protected Disclosures reinforces the Defence Forces legal obligations regarding protected disclosures.

Public Transport

Questions (165)

Gino Kenny

Question:

165. Deputy Gino Kenny asked the Minister for Transport how much funding is being provided in 2024 for rail services to provide extra trains on busy routes. [54254/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport.

The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally, and has statutory responsibility for the planning and development of public transport infrastructure.The issue raised by the Deputy in relation to funding allocation for extra trains is a matter for the NTA in conjunction with Irish Rail. Therefore, I have referred the Deputy's question to the NTA and Irish Rail for direct response to the Deputy.

Please advise my private office if you do not receive replies within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Public Transport

Questions (166)

Gino Kenny

Question:

166. Deputy Gino Kenny asked the Minister for Transport if he will provide funding for an extra train on the Kildare routes via Adamstown to Dublin city centre at peak times in the morning and evening. [54255/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's question in relation to providing funding for an extra train on the Kildare routes via Adamstown to Dublin city centre at peak times in the morning and evening, to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Public Transport

Questions (167)

Gino Kenny

Question:

167. Deputy Gino Kenny asked the Minister for Transport if the NTA requested funding for an extra train on the Kildare route via Adamstown to Dublin city centre. [54256/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's question asking whether the NTA requested funding for an extra train on the Kildare route via Adamstown to Dublin city centre, to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Road Projects

Questions (168)

Niall Collins

Question:

168. Deputy Niall Collins asked the Minister for Transport when TII will conclude an agreement in relation to goodwill payments to landowners along the route of the proposed new road from Limerick to Foynes. [54296/23]

View answer

Written answers

As Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you.

Noting the above position, I have referred your question to TII for a direct reply as to the status of these negotiations. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Road Safety

Questions (169)

Jackie Cahill

Question:

169. Deputy Jackie Cahill asked the Minister for Transport if there are plans to introduce legislation to make it mandatory for the users of e-scooters to wear helmets and protective gear while operating the vehicles on public roads; and if he will make a statement on the matter. [54335/23]

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Written answers

The Road Traffic and Roads Act 2023 reclassified e-scooters as powered personal transporters or PPTs. As they will no longer be classed as mechanically propelled vehicles, they will be treated in law similarly to bicycles and the legislative framework which governs the use of bicycles will be extended to e-scooters.

As is the case for bicycles, the wearing of helmets and protective gear while operating e-scooters on public roads will not be made mandatory, although lighting will be required in the same way. Instead, the use of such safety equipment will be strongly encouraged by both the Department of Transport and the Road Safety Authority, the agency responsible for public road safety education and awareness.

Guidelines and education and training programmes will be developed to promote and encourage the safe use of e-scooters.

Driver Test

Questions (170)

Mairéad Farrell

Question:

170. Deputy Mairéad Farrell asked the Minister for Transport to provide the current average waiting time to sit a driving test for each test centre; what steps are being taken to reduce the wait time; and if he will make a statement on the matter. [54339/23]

View answer

Written answers

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service and the information requested is held by that agency. I have therefore referred the question to the RSA for direct reply. I would ask the Deputy to contact my office if a response is not received within 10 days.

On the broader issue of driver testing delays, the service has been under significant pressure to meet unprecedented demand, which has increased by 28% compared with 2021 figures. The Authority is currently providing an average of 4,000 tests per week, up 25% on this time last year.

Anticipating ongoing demand pressures, the Authority reviewed the capacity of the service and, following a request for additional resources, my Department gave approval for the recruitment of up to 75 additional driver testers in March of this year. This brings the total number of sanctioned driver tester posts to 205, which is more than double the 100 sanctioned testing posts in June 2022.

This recruitment is underway and I have been advised that the first tranche of new recruits were deployed in September. It is expected that before the end of the year there will be a net increase of approximately 42 driver testers and they will be allocated across the driver testing service with a focus on geographical areas with the longest waiting times and highest demand for tests.The RSA estimate that the agreed service level of average wait times of 10 weeks will resume in mid-2024.

Public Transport

Questions (171)

Mairéad Farrell

Question:

171. Deputy Mairéad Farrell asked the Minister for Transport when the catering trolley will return to the Galway to Dublin train line; and if he will make a statement on the matter. [54341/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport.

The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally, and for decisions in relation to the routes of these services in conjunction with the relevant transport operators. The issue raised by the Deputy in relation to the catering trolley is an operational matter for Irish Rail. Therefore, I have referred the Deputy's question to Irish Rail for direct response to the Deputy.

Please advise my private office if you do not receive replies within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Public Transport

Questions (172)

Mairéad Farrell

Question:

172. Deputy Mairéad Farrell asked the Minister for Transport if a review has taken place on the Galway to Dublin train line to facilitate the growing number of students commuting to Galway for third level education; the details of the review; if additional capacity has been added; if not, if additional capacity is being considered given the overcrowded nature of the service; and if he will make a statement on the matter. [54342/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport.

The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally, and for decisions in relation to these services in conjunction with the relevant transport operators.The issue raised by the Deputy in relation to increasing capacity is an operational matter for Irish Rail. Therefore, I have referred the Deputy's question to Irish Rail for direct response to the Deputy.

Please advise my private office if you do not receive replies within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Rail Network

Questions (173)

Éamon Ó Cuív

Question:

173. Deputy Éamon Ó Cuív asked the Minister for Transport the progress made with the provision of a passing loop at Oranmore to allow for more frequent services on the Galway to Athenry rail line; when it is hoped that work will commence on this project; when it is hoped it will be completed; and if he will make a statement on the matter. [54352/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure such as the works at Oranmore train station.

Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a detailed reply on the specific issues raised. Please contact my private office if you do not receive a reply within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 51

Military Aircraft

Questions (174)

Catherine Connolly

Question:

174. Deputy Catherine Connolly asked the Minister for Transport the grounds on which aircraft on contract to the US military transportation command are being allowed by his Department to transit through Shannon Airport and through Irish airspace on their way to and from supporting wars in Ukraine and the Middle East, including Israeli bombardment of Gaza; and if he will make a statement on the matter. [54354/23]

View answer

Written answers

The Convention on International Civil Aviation signed at Chicago on 7 December 1944, and its associated annexes, established the framework for the operation of international civil aviation. Both Ireland and the United States are contracting parties to this Convention.

Article 5 of this Convention provides for the right of air operators of contracting parties to operate non-scheduled over-flights and/or stop for non-traffic purposes (e.g., refuelling) in the territory of the other contracting parties.

This provision is provided for in Irish law in Article 3 of the Air Services Authorisation Order 1993.

Further to the above, the "open skies" Comprehensive Air Transport Agreement between the European Union and the United States provides the formal framework for commercial air transport operations between both territories.

This outlines how civil air operators from the United States, operating commercially, are allowed to overfly Irish sovereign territory or stop for non-traffic purposes at Irish airports.

EU regulations place additional obligations on third country air operators, when operating commercially into the territory of the EU, to meet, for example, specified insurance requirements and to hold a safety authorisation from the European Union Aviation Safety Agency.

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, the carriage of munitions of war on civil aircraft in Irish sovereign territory is prohibited, unless an exemption to do so is granted by the Minister for Transport.

Applications for exemptions from US civil air operators, contracted by the US military, are in respect of the personal unloaded weapons of the military personnel that are being transported on the aircraft concerned.

In 2023, no applications have been received or exemptions granted to permit the carriage of munitions of war in Irish sovereign territory for a flight from the United States destined for a point in either Ukraine or Israel.

Military Aircraft

Questions (175)

Catherine Connolly

Question:

175. Deputy Catherine Connolly asked the Minister for Transport if his Department approved the transport of US soldiers, weapons or munitions on aircraft (details supplied); and if he will make a statement on the matter. [54355/23]

View answer

Written answers

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, the carriage of munitions of war on civil aircraft in Irish sovereign territory is prohibited, unless an exemption to do so is granted by the Minister for Transport.

For the nine particular aircraft operations detailed by the Deputy, seven applied for, and were granted, an exemption to permit the carriage of munitions of war.

Two operations, N819AX and N828AX overflights of Irish sovereign territory on 1 December, did not apply for an exemption as these were ferry/positioning flights that did not carry munitions of war and as such no exemption was required.

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