Responsibility for the regulation of foreign aircraft landing or overflying the State is shared between Departments. The Department of Foreign Affairs and Trade has primary responsibility for the regulation of foreign military and state aircraft, while the Department of Transport leads on the regulation of civil aircraft. The Government is clear with all our international partners, including the United States, on the systems in place for both military and civil aircraft.
Under the terms of the relevant national legislation in this area, 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.
Successive governments have made landing facilities available at a number of Irish airports to the United States and other foreign military and state aircraft. This permission is subject to the strict conditions of the diplomatic clearance procedures which are set out above. This policy is well known and fully understood by the United States and other international partners.
The Department of Foreign Affairs and Trade publishes statistics in relation to overflights and landings of foreign military and state aircraft on the Department’s website on a regular basis.
There is a separate system in place for the regulation of civil aircraft and flights, which is managed by the Department of Transport. 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. The process is informed by advice from my Department on international humanitarian law, Ireland’s international obligations and our wider arms control, disarmament and non-proliferation policy.