Air Navigation and Transport (Amendment) Bill 2026: Second Stage
Seanad Éireann — 2026-06-10
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Seán Canney (IND), Galway East

I thank the Cathaoirleach. First of all, I thank Senators Stephenson, Cosgrove, Higgins, Black, Harmon, Ruane and Noonan for initiating this Private Members' Bill. While I am pleased to attend the debate here today, the Government will be opposing this Bill on Second Stage. I understand the rationale and motivation behind the introduction of the Bill but there would be significant challenges associated with its implementation and enforcement. The Ministers, Deputies O'Brien and McEntee, agree that these challenges would make the Bill unworkable.
The Bill proposes amendments to the Air Navigation and Transport Act 1946 to require that all state aircraft seeking to overfly or land in the State obtain the express permission of the Minister for Transport. The Bill relies on the existing definition of "state aircraft", meaning the aircraft of any country used in military, customs or police services, consistent with the Convention on International Civil Aviation, otherwise known as the Chicago Convention. The requirement for foreign military aircraft to obtain permission from the Minister for foreign affairs is set out in the Air Navigation (Foreign Military Aircraft) Order 1952. As currently drafted, this Bill would transfer responsibility for the provision of diplomatic clearance for foreign military and state aircraft to overfly or land in the State from the Minister for foreign affairs to the Minister for Transport.
Section 2 of the Bill also revokes the Air Navigation (Foreign Military Aircraft) Order 1952. There is no rationale presented for this proposal. Transferring this function from the Minister for foreign affairs to the Minister for Transport would represent a major policy change from the current process, which has been in place for more than 70 years.
Section 1 of the Bill would further amend the 1946 Act to provide that all state aircraft seeking to overfly or land in the State with the express permission of the Minister for Transport "shall comply with such stipulations as the Minister may make in relation to such aircraft." A provision of this nature is already provided for in Article 4 of the Air Navigation (Foreign Military Aircraft) Order 1952, which provides that all state aircraft will comply with such stipulations as the Minister for foreign affairs may make in relation to the aircraft.
As the Government has made clear on many previous occasions, diplomatic clearance granted to foreign military or state aircraft to overfly or land in the State is subject to strict conditions. This includes that the aircraft is unarmed; it carries no arms, ammunition or explosives; it does not engage in intelligence gathering; and the flight in question does not form part of a military exercise or operation. This policy of diplomatic clearance is well known and is fully understood by the United States and other international partners. It is done in full compliance with Ireland's traditional policy of military neutrality.
Section 1 of the Bill provides that "it shall be an express stipulation of any ... permission" for overflight or landing of state aircraft that "human rights and equality would be upheld aboard that aircraft" and that "all persons aboard that aircraft will be treated with fairness, dignity and respect". It is not clear how these proposals could be monitored, implemented or enforced, particularly in relation to aircraft which are overflying the State. In relation to state aircraft landing in the State, the rule of sovereign immunity would preclude the possibility of inspection or other enforcement action.
Section 1(6)(a) of the Bill proposes to define "human rights" as "the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution". It is not clear how constitutional protections could be applied to non-citizens, particularly on aircraft either overflying or landing in the State. Section 1(6)(b) further defines "human rights" as "the rights liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party and which has been given the force of law in the State". This provision invites further uncertainty as it is not clear how this would apply or how it would be enforced in respect of an aircraft registered in a state that is not party to these international agreements, treaties or conventions.
The Government's position on the inspection of military aircraft has been very clear: foreign state or military aircraft which are given permission to land in Ireland are not subject to inspection or other enforcement measures. Sovereign immunity, a long-standing principle of customary international law, means a state may not exercise its jurisdiction in respect of another state or its property, including state or military aircraft. This principle applies automatically to foreign state or military aircraft in the same way as it applies to Irish state or military aircraft abroad. It should be noted that civil aircraft chartered by governments remain civil aircraft and will therefore fall outside the definition of "state aircraft" under the Air Navigation and Transport Acts. This means that the specific provisions contained in the Bill related to human rights would not apply to these aircraft operations.
The Convention on International Civil Aviation provides for the rights of air operators of contracting parties to operate non-scheduled flights and stop for non-traffic purposes, such as refuelling, in the territory of another contracting party without prior authorisation. Private and commercial charter flights making technical stops for non-traffic purposes and not picking up or setting down passengers fall into this non-scheduled category.
Additional implementation challenges relate to the introduction of inspections of any aircraft in or over the State to ensure compliance with the entire suite of the Air Navigation and Transport Acts and any orders that are made under those Acts. Orders captured under the proposed Bill would include those in relation to the carriage of munitions of war, currently implemented by the Department of Transport. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, the carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory and onboard any Irish-registered civil aircraft, wherever they may be operating, unless an exemption is granted by the Minister for Transport. Each year, the Department of Transport issues exemptions to air operators to permit the carriage of munitions of war in Irish sovereign territory. The operators that receive these broadly fall within one of two categories. The first relates to Irish-registered civil aircraft operating outside of Ireland and typically carrying small numbers of armed police or military personnel between locations in the EU, mainly on regularly scheduled flights between locations in Scandinavia. The second category relates to US registered civil aircraft specifically chartered by the US military for the purpose of moving its personnel between the US and locations overseas. These flights do not carry ammunition but may carry the personally issued weapons of the military personnel.
Article 8 of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989 already empower the Minister for Transport to enter and inspect a civil aircraft seeking to depart from a location in the State where there is an appearance of intention or likelihood of contravention. The Bill before the House does not explain how an inspection of an aircraft flying over the State could be facilitated. We know that directing an aircraft in transit to land for inspection raises complex issues relating to flight safety and international aviation law. In providing for a new and distinct inspection regime, the Bill does not appear to have taken account of existing legislation provisions in relation to the functions or powers of authorised officers. It risks duplicating measures that are already in place. Consideration has not been given to the fact that some responsibility for the implementation of the Chicago Convention and its associated annexes has been conferred on the Irish Aviation Authority through the Air Navigation and Transport Acts. The broad approach adopted in this Bill would inadvertently extend ministerial functions into areas which are no longer within the Minister's statutory remit.
While the Bill seeks to impose explicit penalties for those who do not comply with its provision on the inspection of aircraft, it has not assessed the potential legal and financial ramifications for the State of operating the inspection regime. It is not clear if the proposed inspection regime would apply to state aircraft, including military aircraft. However, as already mentioned, the rule of sovereign immunity would preclude the possibility of inspection or other enforcement actions in relation to state aircraft.
In conclusion, there are fundamental issues with the scope, implementation and enforcement of the Bill. The measures proposed would create onerous obligations on the State and on the air operators concerned. It is not clear how the proposed stipulations requiring the maintenance of human rights standards aboard state aircraft could be verified or enforced in practice. The provisions relating to the proposed inspection regime are incomplete. The potential application of the Bill to state aircraft, including military aircraft, is contrary to the principles of sovereign immunity. For these reasons, the Government is not in a position to support this Bill.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-10/debate/main
Retrieved: 2026-08-14T04:55:02+00:00
Sitting date: 2026-06-10