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Dáil Éireann Debate, Wednesday - 17 January 2024

Wednesday, 17 January 2024

Questions (289)

Catherine Connolly

Question:

289. Deputy Catherine Connolly asked the Minister for Transport if an aircraft (details supplied) was approved to carry weapons or munitions or US soldiers through Shannon Airport; the reason(s) such aircraft are permitted to refuel at Shannon airport on their way to the Middle East while war crimes are being committed in Gaza; and if he will make a statement on the matter. [1668/24]

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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.

An exemption to permit the carriage of munitions of war on civil aircraft was granted for the commercial air transport operation, as detailed above, on 8 January 2024. As with all applications for exemptions I am guided on matters of foreign policy by the Department of Foreign Affairs.

It was confirmed with the air operator in question that the return flight, on 9 January 2024, operated as a ferry flight to position the aircraft back to the United States, no exemption is required for such an operation.

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 civil air operators of contracting parties to operate non-scheduled over-flights or stops 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. 

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