LAST UPDATE | 26 Aug

NO CONSENT WAS sought for an arms shipment destined for Israel that flew through Irish airspace, the Taoiseach has confirmed. 

The aircraft involved was a cargo plane which subsequently landed at Israeli airports. It is claimed that it made several flights carrying tonnes of ammunition and parts. 

It comes after The Ditch first reported last week that Israeli arms passed through Irish airspace after travelling on an aircraft from the United States on multiple occasions. 

The Journal has independently determined through sources and open source flight information services that several such flights passed close to Ireland, with some believed to have entered Irish airspace since the beginning of the conflict in Gaza on 7 October.

The Ditch reported that it has obtained manifests for several flights that went to Liege in Belgium and that these flights contained several items that can be used for ammunition.

The issue for the Government ultimately is that the flights passed over Ireland in apparent breach of Irish law. 

The Air Navigation Act, first enacted in 1946, contains several orders and statutory instruments which would ban such flights – but also provides for measures which can allow the Government to issue exemptions for them in certain circumstances.

A statutory instrument relating to the Act, which is a legal document signed by a Minister that gives effect to a law, says that “no munitions or weapons of war may be carried by an aircraft in Irish airspace without an exemption granted under the Order”.

The Minister’s functions are limited to munitions or weapons of war with no function in relation to the transport of troops themselves, the instrument says.

“The primary purpose of the regulations is the safety of the aircraft and the persons on board. Any applications for munitions that are categorised as dangerous goods are forwarded to a dangerous goods specialist in the Irish Aviation Authority,” it adds. 

Taoiseach Simon Harris said today that no permissions were sought for the overflights. 

“I’ve actually sought an update in relation to this issue. My understanding of the situation, is that there’s very clear consent protocols that would need to be followed for that to happen.

“And my understanding from the Department of Transport and the Department of Defense is no such consent was sought,” he said. 

The Journal spoke to several security sources with many admitting that it is a regular occurrence due to Ireland’s position as the country where flights pass over.

After The Ditch’s reporting, a number of opposition TDs called on the Government to clarify the State’s official position that no flights have passed over Ireland. 

Social Democrats TD Gary Gannon said that Ireland is “obligated to use all means at our disposal to to halt the genocide being inflicted upon the Gazan population by the Israeli State”.

“That weapons of slaughter are being transported through Irish sovereign airspace makes us complicit in this horror through our indifference to that which we can control.

“No one is suggesting that we scramble the jets, but airlines do need exemptions to carry munitions through our sovereign airspace and that is quite clearly being violated so we should enact all legal measures at our disposal to disrupt this breach of Irish law,” he said.

Gannon added: “Turning a blind eye to the weapons used to carry out that horror as they pass through our airspace is an act of gross cowardice.”

Sinn Féin’s Matt Carthy said that government has “serious questions” to answer in respect of allegations that Israeli military aircraft have been using Irish controlled airspace since 7 October.

Bríd Smith of People Before Profit said: “I am appalled at what is now emerging about the duplicitous role of the Government, and I will pursue the Tánaiste and the Government to ensure complete transparency and accountability for what has happened.”

Airspace

Ireland’s sovereign airspace extends over the land mass and to 12 nautical miles from the nearest coastal point.

It also has some responsibilities in protecting its Exclusive Economic Zone which extends to 260 nautical miles at its furthest. 

Irish air traffic controllers also have responsibility – along with British colleagues – for an area of sky off the west coast known as Shanwick. 

Shanwick covers a huge swathe of air traffic over the Atlantic ocean and is the main passage point for aircraft coming from and going to the United States and Canada, as well as other locations in the Americas. 

A significant amount of law governs the passage of aircraft through Irish airspace, whether that is military or civilian.

There is also a ban on flights carrying weapons and parts used to manufacture weapons and ammunition however aircraft can apply for an exemption.

A statement from the Department of Transport confirmed “the carriage of munitions of war” is prohibted unless an exemption exists. 

“In 2023 and to date in 2024, no applications have been received or exemptions granted for the carriage of munitions of war on civil aircraft operating through Irish sovereign airspace to/from Israel.

“However, the Department is aware of recent media reports regarding the use of Irish sovereign airspace by a civil air operator reported to be carrying munitions and this matter is being examined, including engagement with the carrier concerned,” the statement read.