Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign territory, without being granted an exemption to do so by the Minister for Transport.
In 2023 and to date in 2024, no applications have been received or exemptions granted to permit the carriage of munitions of war in Irish sovereign territory for a flight by a civil aircraft from the United States destined for a point in Israel.
In considering any application for such an exemption, my Department consults with and is guided by the Department of Foreign Affairs on matters related to foreign policy. Similarly, the Department of Justice is consulted to determine if there are any security considerations to take into account. Each application must detail the specific munitions of war to be carried to allow for an informed determination to be made.
As was communicated to the Deputy in their Parliamentary Questions 279 and 280 of 11 September 2023, the 1973 and 1989 Orders provide for the inspection of a civil aircraft, only whenever it appears that a flight would be operating from Ireland in contravention of them.
Insofar as it can be determined, there is no record of an inspection of a civil aircraft having been carried out pursuant to these orders. However, it is possible that such an aircraft may have been subject to a safety inspection, pursuant to EU regulation, by the Irish Aviation Authority.
Under the terms of the Air Navigation (Foreign Military Aircraft) Order, 1952, all foreign military aircraft wishing to overfly, or land in, the State require diplomatic clearance from the Minister for Foreign Affairs. Diplomatic clearance is subject to strict conditions, including that the aircraft is unarmed; that it carries no arms, ammunition or explosives; that it does not engage in intelligence gathering; and that the flight in question does not form part of a military exercise or operation.
This policy is well known and is fully understood by the United States and other international partners, and is done in compliance with Ireland’s traditional policy of military neutrality.
