Dáil Éireann Debate, Tuesday - 14 February 2023
297. Deputy Catherine Connolly asked the Tánaiste and Minister for Defence if his attention was drawn to a court case (details supplied); the contention made therein that the Defence Forces have been carrying out duties at Shannon Airport without legal authority; and if he will make a statement on the matter. [6572/23]
Amharc ar fhreagraThe Department of Justice and Equality and An Garda Síochána have primary responsibility for the internal security of the State. Among the roles assigned to the Defence Forces in the White Paper on Defence is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so. On each occasion that the support of the Defence Forces is required, An Garda Síochána issues a form C70 to the Defence Forces to request their assistance.
Defence Forces assistance at Shannon airport, which has been ongoing since 2003, takes place pursuant to lawful military orders, made on foot of a formal request from An Garda Síochána for military assistance in aid to the civil power (ATCP). It is well established in law that the Defence Forces may assist An Garda Síochána in aid to the civil power, when requested. Accordingly, the Defence Forces operation is and always has been lawful.
I am satisfied that there is ongoing and close liaison between both An Garda Síochána and the Defence Forces, and between my Department and the Department of Justice and Equality regarding security matters generally, including the Defence Forces ATCP roles.
While I am aware of the court case referred to by the deputy, it would not be appropriate for me to comment further as it is a criminal case and a matter for the Minister for Justice and Equality.
