Air Navigation and Transport (Arms Embargo) Bill 2024 [Seanad]: Report and Final Stages
Seanad Éireann — 2026-04-22
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Alice-Mary Higgins (IND), National University of Ireland

Amendment No. 1 and the related amendments, which are consequential amendments that flow from it, insert the definition of an "authorised person" into the Bill. This is the same wording as is in the Air Navigation and Transport Act 1988. Amendments Nos. 4 and 5 remove subsequent instances of "authorised officer" in the Bill and replace them with the phrase "authorised person".
Issues were raised on Committee Stage regarding what constitutes an authorised officer. These amendments address this question. In the 1988 Act, authorised persons are entitled to inspect planes for the purpose of ensuring the aircraft are safe to fly. Therefore, it is a natural continuation to have the same definition here. Amendment No. 6 removes the reference to a member of the Defence Forces, which is no longer needed because we have an inserted definition of "authorised person". I am grateful to colleagues in the House and officials in the Department of Transport who engaged on the issue of the definition and the need for clarity in the definition on who will be performing the actions under the Bill. This could also bring greater clarity on who could be performing the actions under the existing law.
Authorised persons include members of An Garda Síochána and any person who might be appointed by the Minister for the purposes of the Bill. This addresses one of the concerns raised on Committee Stage regarding clarification on an authorised person. The definition will also address another issue highlighted, regarding the many instances we have heard about throughout the media in 2024, 2025 and 2026 of commercial airlines illegally carrying weapons through Irish airspace and the details and flight manifests pointing to the types of weapons and tools of death on board. Later, I will read some of these details. Let us be clear that this is not a technical issue. These are weapons, munitions or technologies that are directly related to the infliction of death, injury and other abuses on individuals, which have been travelling directly or indirectly to Israel. We know this has been happening.
There have been flight manifests that literally tell us what is on a plane that flies over Ireland's airspace and the Department has been made aware of these instances. The Minister stated on Committee Stage that the Department was investigating these but there has been no update or progress on these investigations. There has been no evidence of what has been done on the documented instances of flights containing weapons transiting through our airspace, in some cases without any of the necessary permissions and no action being taken. At the time the Minister said where allegations are made in whatever publications, or if Senators have specific information with regard to flights landing in Ireland transporting munitions, they should be brought forward. He said that allegations already been made in the media are being actively investigated. However, there is a gap in relation to overflights. In the case of overflights we know what is in the manifest but, effectively, there have been no steps to investigate or take further action.
The amendment to change and establish the definition of "authorised person" seems quite technical but while the Minister said everybody should report instances, the question is to whom should they report them? People let the Department know. Is this the right thing to do if someone knows there is a flight carrying weapons, and they know what those weapons will do and where they are destined for? People have contacted the Garda but the Garda does not seem to have a role in it.
The Garda might contact the airport authorities. Now, we have a clarity. Having a definition of "authorised person", which includes anyone appointed by the Minister but also An Garda Síochána, means that if people are concerned that it may be planned for a flight to illegally transit our airspace in a way that is going to be in violation of the air navigation Act and in the absence of the legally required permissions or exemptions from the relevant Minister being sought, they can report it to An Garda Síochána. This is an important point with which to begin our discussion.
We should bear in mind that the core position is meant to be the prohibition of the transit of arms, weapons, munitions or dangerous goods, which include, of course, such technologies of war, exemptions occasionally made and with inspections to back it up. That has not been happening. If there is a concern now, it would be clear that a person would be able to contact An Garda Síochána and that members of the latter, as named authorised persons, would be able to act accordingly. Again, this is a useful amendment that strengthens the ability of the public to know who to contact in relation to these instances.
I am going to come to this somewhat later, but we are also seeking to address a gap in the 1973 Act regarding the weak enforcement powers in relation to aircraft flying over Ireland that are, as I said, operating in contravention of the order and the crew of which have not even bothered to seek permission or exemptions. Our amendment No. 7 will close that gap and strengthen and give the powers to the Minister and, again, other authorised persons to issue instructions for these aircraft to land in such instances. This is something on which we have done a lot of work. We have engaged in very good faith regarding any of the concerns that were raised on Committee Stage or at our meetings with the Department. We have come up with solutions that will really help the Government to ensure that the laws of the State are being applied and respected.
There is a problem, however. That is what we have been doing with our time. In the 12 months of the timed amendment requested by the Government for it to work on these issues, it is not clear what, if anything, the Government has been doing. We have heard nothing about investigations. The line at the time from the Minister was that we have an existing legal regime that needs to be used to its fullest and that our existing legislation provides for the inspection of civilian aircraft where there is an appearance or likelihood that such aircraft will depart Ireland and contravene Irish law. We have strong provisions in place.
As I said, we are going to try to address the lacuna relating to those flights that have not landed in Ireland. Here is the thing. During the past year, there have been zero inspections. We are still seeing no inspections of aircraft despite numerous recorded instances of flights carrying weapons, arms and the tools of destruction and death through our airspace and our airports. We have seen nothing from the Government. In fact, the language has become more cautious. There has been a pullback. At least a year ago, we were hearing language to the effect that the Government was trying to approach this matter through our existing laws and that it was going to do something. In the intervening 12 months, there has been nothing. What has happened in that time? People have continued to die, even since the ceasefire in Gaza was implemented. There have been 750 more documented deaths in the interim. We have seen the brutal actions that have been taking place in the West Bank. We have seen extraordinary violations of international law taking place in Lebanon, where Israel seems to be acting with total impunity. I will come to it later, but in the meantime other countries have begun to act. Ireland has maintained the same standing-still position of ask not, know not.
This Bill is an opportunity for the Government to, first, apply the actual laws of our State and ensure that they are applied. Any other gaps or excuses that make it difficult to apply the laws are addressed in these amendments. This Bill is about no more excuses. This Bill is about upholding the core principle reflected in our base law, which is that no arms, weapons, tools of destruction or dual-use goods should be going our Irish airspace or airports. That is the core position. The Government must stop making exemptions that allow it to happen and stop avoiding carrying out inspections, which would force it to admit that it knows.
I would like clarity from the Government of how it has used the time. As I said, we have very much engaged in good faith. We have tackled all the issues that have been raised. We have brought forward amendments in relation to the authorised persons. There are additional benefits that will facilitate addressing gaps that the Government has indicated it believes might be in the law. It would also strengthen the capacity of the public, who care so deeply about this matter. That is why we saw Lelia Doolan, at the age of 91, walking right across the country to bring attention to it. These are all gaps that we are addressing and that is what we have done with our time. I am sad regarding every month in which this Bill has not been put in place and in which the existing laws have not been properly applied. I want to know what the Government has been doing for the past 12 months. I want a clear report to the Oireachtas in terms of how the Government plans to move forward and make sure our laws are properly enforced and upheld.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-04-22/debate/main
Retrieved: 2026-08-14T04:54:50+00:00
Sitting date: 2026-04-22