Dáil Éireann Debate, Wednesday - 1 February 2017
161. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of formal requests for the search of military planes by An Garda Síochána at Shannon Airport which have been acceded to in the each of the years 2014 to 2016. [4886/17]
Amharc ar fhreagraI am informed by the Garda Authorities that their records indicate that requests were received in respect of 30 military aircraft which were on the runway at Shannon Airport during the period 2014 to 2016. In the time available it has not proved possible to provide a breakdown by year of the number of searches requested. I will forward this information to the Deputy when it is to hand from the Garda Authorities.
An Garda Síochána has no role in relation to the inspection of foreign State or military aircraft which, in accordance with international law, enjoy sovereign immunity.
Statutory powers of search and entry are bestowed on An Garda Síochána under various legislative provisions and when authorised by a Judge. However, these powers are exercised in circumstances where a member of An Garda Síochána has a reasonable suspicion that an offence has occurred supported by some evidence. The mere assertion of wrongdoing by a member of the public is clearly insufficient in this regard.
Each request to search an aircraft is assessed on an individual basis and is based on the specific information and detail available regarding that particular aircraft. The information is examined and a decision is then made as to whether sufficient grounds exist which would allow the Gardaí to invoke a particular statutory power to search the aircraft. An Garda Síochána remains fully committed to investigate all alleged breaches of criminal law involving the use of aircraft at Irish airports.
The following deferred reply was received under Standing Order 42A
I wish to refer further to Parliamentary Question No. 161 of 1 February 2017 in relation to the number of formal requests for the search of military planes by An Garda Síochána at Shannon Airport that have been acceded to in the each of the years 2014 to 2016.
In my reply to you I stated that I had been informed by the Garda authorities that their records indicated that requests were received in respect of 30 military aircraft which were on the runway at Shannon Airport during the period 2014 to 2016. I stated also in my reply to you that each request to search an aircraft is assessed on an individual basis and is based on the specific information and detail available regarding that particular aircraft. The information is examined and a decision is then made as to whether sufficient grounds exist which would allow the Gardaí to invoke a particular statutory power to search the aircraft. An Garda Síochána remains fully committed to investigate all alleged breaches of criminal law involving the use of aircraft at Irish airports.
I have been advised by the Garda Authorities that all requests for aircraft to be searched are considered. To date, since 2014, no such request has been acceded to. This is consistent, of course, with the position in law in respect of foreign state or military aircraft.
