Some flights which were reported to have carried munitions through Irish airspace were not in breach of international law, the minister for transport has claimed.
It is prohibited to transport munitions of war on civil aircraft across Irish airspace without an exemption from the transport minister.
News website The Ditch has reported that several flights carrying munitions to weapons manufacturers and contractors in Israel have transited Irish airspace since October 2023.
However, Minister Eamon Ryan said there is “ambiguity” in a number of the cases around whether the airlines required permission for “some” of their cargo.
Mr Ryan said his officials are exploring “legal powers” which regulate the issue while the Department of Transport engages with the airlines in question.
However, he said he is awaiting the completion of the examination of the flights by his officials before determining the course of action.
He conceded that the investigations had taken longer than he wanted but added: “Initial sight of that information would indicate that a number of the flights suggested were not in breach of international law, were not carrying munitions as likely defined by the the Chicago Convention (on carrying munitions on flights).”
Mr Ryan said examining each individual flight and its cargo “is complex and time consuming”.
He added that flights can sometimes be directed into territory they had not expected to transit through for several reasons, including “weather issues or traffic-flow management”.
As there is no specific requirement for flight plans to include information on carrying munitions, he admitted that there was “no mechanism” for the Department to have knowledge of such cargo on overflights unless an exemption was sought in advance.
Speaking in the Dail, Mr Ryan said: “I can advise that it would be unusual for my department to receive information indicating that an aircraft which is already overflying is carrying munitions of war.
Sinn Fein defence spokesman Matt Carthy (Liam McBurney/PA)
“Such an scenario has not arisen in the past, it would be a complex matter to deal with in real time, and obviously safety considerations would be paramount.
“Should such a scenario arise, my officials would engage immediately with the air operator concerned to confirm the details of what’s been carried. Consideration would then be given to the most appropriate course of action.”
Mr Ryan said he had sought to “strengthen and enhance” Ireland’s ability to search and sample flight cargo prior to the reports about the flights in The Ditch website.
“We are united – in my mind – in this House: No one disagrees that we do not want to facilitate the carriage of munitions, particularly if they’re engaged or used or enable what is an ongoing tragedy and travesty in Gaza, in South Lebanon, in the West Bank, in the Middle East.”
He added: “We need to enhance our ability to have that certainty and that’s what I intend to do learning from what has been seen happening in recent weeks and months.”
Mr Ryan was responding to questioning from Sinn Fein TDs Ruairi O Murchu and Matt Carthy.
Mr O Murchu noted commentary from Tanaiste Micheal Martin that flying through Irish airspace would save fuel but added: “We need to make sure that in no way, shape, or form that any of this is allowed.”
Mr Carthy said it is “very likely that Irish sovereign airspace has been abused” in contravention of domestic and international law.
He accused the minister of procrastinating and putting the matter on the “long finger”, noting that Mr Ryan has said he will not contest the next general election.
He added: “By the time (departmental officials) come back with any substantive response, you’d be out of government, and it would be somebody else’s responsibility.”
Mr Ryan said: “Although the examination of what was carried on these flights is ongoing, I can say that, provisionally, it appears that several may not have been required to seek an exemption.
“It would appear that some of the cargo carried may not have required an exemption, or at the very least, that there is ambiguity as to whether an exemption may have been required.
“You will appreciate that I must ensure that any future action that may be taken in relation to any alleged contravention of our laws will not be prejudiced by anything that I might say here in this House.
“As such, I cannot speak to the specificity of the initial analysis undertaken by officials.”