Minister Ryan intends to introduce random searches for munitions on flights

Minister for Transport Eamon Ryan TD intends to bring forward legislation that would enable random searches of civil aircraft to ensure that they are not illegally carrying munitions.

He stressed that no airport in Ireland, or Irish sovereign airspace, has been used to transport weapons directly to Israel. At present, the carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory unless an exemption is granted. However, this does not allow for random checks and changes to primary legislation are needed to make this happen.

He said that he would work with the Department of Foreign Affairs and other departments over the next six months to agree the new legislative approach.

He was speaking in response to the Private Members Bill on the Air Navigation and Transport (Arms Embargo) Bill 2024, sponsored by Senator Alice Mary Higgins, which proposes to provide for the restriction on the transit and export of weapons of war from and through the State to the State of Israel and to provide for inspections of aircraft seeking to transit weapons through the State.

The Minister said that the issue was a complex one, particularly with regard to its compatibility with the Convention on International Civil Aviation (also known as Chicago Convention), signed by Ireland.

The Government tabled that there should be a timed amendment for 6 months to allow for the provisions contained in the Bill to be turned into a robust legal form.

The Minister commented:

“I want to see random checks on civil aircraft and I will sit down with my officials and with legal experts over the coming months to make sure that new legislation is developed that is watertight, is workable, and is compliant with international aviation law.”

“No airport in Ireland, or Irish sovereign airspace, is currently being used to transport weapons directly to Israel, despite claims otherwise. This week the Government historically recognised the State of Palestine. We have been one of the most vocal countries in Europe against the Israeli violence in Gaza. We clearly stand up for the right of nations to exist peacefully. But the strength of our position internationally is that we follow international rules and laws.”

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

For foreign military aircraft, the State requires diplomatic clearance from the Minister for Foreign Affairs. Permission to land 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.