No. 88 NAI TSCH/3/S15254
Memorandum for Government by the Department of Industry and Commerce
'Admission of Foreign Military Aircraft to Ireland'
Dublin, 26 January 1952
- The admission of foreign military aircraft to this country is governed by Regulation 75 of the Air Navigation (General) Regulations 1930, which reads as follows:-
’75 – (1) No foreign military aircraft shall fly over or land in Ireland save on the express invitation or with the expression permission of the Government.
(2) Every foreign military aircraft flying over or landing in Ireland on the invitation or with the permission of the Government shall be exempt from compliance with these regulations to such extent and on such conditions as may be specified by the Government at a time at which such invitation or permission is given.
(3) The Government may subject to the provisions of the Convention make such stipulations (other than and in addition to compliance with any specified provisions of these regulations) in relation to foreign military aircraft flying over or landing in Ireland on the invitation or with the permission of the Government and every such aircraft when so flying or landing shall comply with such stipulations.’
- Pursuant to Regulation 75, the present procedure is that permission for the entry of foreign military aircraft is sought by the diplomatic mission concerned making application to the Department of External Affairs. The reply in due course granting or refusing permission is made by the Department of External Affairs, after this Department, having obtained the views of Department of External Affairs, Department of Defence and Department of Justice on the application, has obtained a decision from the Government in the matter. Sub paragraphs (2) and (3) of the Regulation have not been applied in practice.
- When the 1930 Regulations were drawn up the comparative infrequency of aircraft operations meant that it was always possible to obtain adequate notice well in advance of the date on which it was proposed that a foreign military aircraft should over-fly or land in this country. In view of the general increase in the number of aircraft movements and the considerable advance in aircraft speeds since 1930, only short notice is now generally obtained in cases of this nature. It frequently happens that the period of notice given is so short as to result in the flight in question being scheduled to take place before the date of the next meeting of the Government. In view of this, the Minister for Industry and Commerce is of the opinion that the procedure provided for in Regulation 75 of the 1930 Regulations is no longer a practical way of dealing with applications of this nature.
- It is considered that the most satisfactory way to provide for applications of this nature would be to transfer to the Minister for External Affairs the functions in relation to the granting of permission for such flights, at present reserved to the Government under Regulation 75 of the 1930 Regulations. It is also considered that in accordance with accepted international practice special exemption from the requirements of Regulation 75 about obtaining advance permission should be granted in the case of military aircraft engaged in search and rescue operations.
- Subsection 5(5) of the Air Navigation and Transport Act, 1946 authorises the Minister for Industry and Commerce to provide by Order for the revocation or amendment of any instrument made under Part I of the Air Navigation Act, 1920 as adapted by or under subsequent enactments, which was continued in force by Section 15 of the Air Navigation and Transport Act, 1936. The Air Navigation (General) Regulations 1930 were made pursuant to Part I of the Air Navigation Act 1920.
- Pursuant to the powers conferred on him by Subsection 5(5) of the 1946 Act, the Minister for Industry and Commerce proposes to make an Order providing for the amendment of Regulation 75 of the 1930 Regulations so as to vest in the Minister for External Affairs the power to grant permission to foreign military aircraft to over-fly or land in this country. The Departments of External Affairs, Defence and Justice have been consulted and concur in this arrangement. The Attorney General also has been consulted and has advised that there is no objection in law to the proposed new arrangement.
- The Minister for Industry and Commerce seeks the approval in principle of the Government for the making of an Order by him pursuant to subsection 5(5) of the Air Navigation and Transport Act, 1946 amending Regulation 75 of the Air Navigation (General) Regulations, 1930 by
- transferring to the Minister for External Affairs the powers formerly held by the Government under Regulation 75,
- providing that military aircraft engaged in search and rescue operations shall be exempt from compliance with the Regulation.
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