While the carriage of munitions of war, weapons and dangerous goods is prohibited on any civil aircraft in Irish territory or through our airspace, exemptions can be, and frequently are, granted by the Minister for Transport. The Minister granted exemptions for a record 1354 flights in 2024, an increase from 1185 in 2023, with no inspections of any aircraft. There has been a 5667% increase in exemptions granted to Irish-registered civil aircraft operating outside of Ireland carrying munitions of war since 2021, following a sharp increase in 2023.
Senator Alice-Mary Higgins said: “Israel renewed its bombardment of Gaza on March 18th, killing 400 people including 174 children in just one night. It is horrifying to think that the weapons which are destroying so many lives may well have been allowed to pass through Ireland. There can be no more excuses or evasions. Since we first brought our Arms Embargo Bill to the Seanad, there have been numerous media reports of the transit of arms to Israel through Irish airspace. The Government cannot plausibly look at the massive increase in flights seeking exemptions for the carriage of weapons and munitions over the last 18 months and pretend that they don’t know where the bombs are likely to be landing or indeed how the dangerous ‘dual use goods’ Ireland exports may contribute to Israel’s military machinery and illegal occupation. There must be no more turning a blind eye or granting of exemptions to flights loaded with death.“
The Air Navigation and Transport (Arms Embargo) Bill 2024 would outlaw exemptions where flights are transferring these munitions, weapons, and dual-use goods either directly to Israel or to countries that export arms to Israel. It would also require the Minister to inspect these flights.
On May 29, the Government delayed the progress of the Bill for six months. Even though the existing Air Navigation Act already gives the Minister powers to refuse exemptions or carry out inspections, then Minister Eamon Ryan claimed time was needed to develop new Government legislative proposals for ‘randomly inspecting’ aircraft, which he then brought to the Cabinet in November last year. However, a Department of Transport spokesperson recently confirmed that “the current Government has not considered this matter to date” even as we all see the horrendous, catastrophic impact of the use of these weapons on the people in Gaza.
In January of this year alone, another 142 exemptions were granted with no inspections. In October 2024, then Minister of State in the Department of Transport James Lawless confirmed no aircraft had been searched on suspicion of carrying weapons between 2010 and now. We are now bringing back the Arms Embargo Bill as emergency legislation and demanding the flow of weapons and munitions of war through Ireland used to facilitate this genocide comes to an end.
Senator Frances Black said: “This bill makes a modest demand and should be uncontroversial. Not least because the Seanad unanimously passed a motion this time last year calling for an arms embargo on Israel. Another year has passed, and this is still happening. How can the Government justify granting exemptions to aircraft from countries who are giving Israel weapons and bombs to murder Palestinians? The International Court of Justice is clear on the responsibility of all states to prevent the risk of genocide and the UN Human Rights Council have specifically called for an arms embargo. This needs to stop, I urge the Minister to take immediate action on this now.”
The vast majority of exemptions for the carriage of munitions of war, weapons and dangerous goods through the State in 2023 went to flights associated with the US and Germany, the two largest exporters of arms to Israel. Arms exports from Germany to Israel increased tenfold, from €32 million in 2022 to €326.5 million in 2023 and despite legal challenges, the German Government approved a further $100 million of arms sales in August 2024. The US sent military aid packages of at least $17 billion to Israel under Biden and the Trump Administration has authorised another $12 billion since his election.
Senator Lynn Ruane said: “Since the Government delayed the progress of this Bill last May, more than 15,000 Palestinians are estimated to have been killed in Gaza. This is not a war; it is an organised annihilation of a people and their land at the hands of the State of Israel, totally emboldened by their impunity. Our Government is failing the Palestinian people in its inaction. It's high time we asked ourselves the question, to what are we accountable - humanity and the application of international law, or corporate interests?”
Other countries have taken concrete steps to distance themselves from the flow of arms to Israel, The Supreme Court in the Netherlands have ordered the Dutch Government to stop exporting fighter jet parts to Israel and Spain. Italy and Canada have all suspended ammunition deliveries and in October 2024, Emmanuel Macron called for an end to arms sales to Israel from France.
Senator Eileen Flynn said: “As the humanitarian catastrophe in Gaza intensifies, the Arms Embargo Bill represents Ireland’s moral duty to ensure we are not complicit in this suffering. This legislation would prevent weapons transiting through our airspace to a conflict where international courts have recognised war crimes are being committed. The Civil Engagement Group stands firm, Ireland must not only speak against atrocities but act to prevent our infrastructure from facilitating them.”
This emergency legislation is an opportunity for Ireland to show that we take our obligations under international law seriously. We must also take our own domestic law seriously. Although it is unlawful to carry munitions of war without an exemption, it has been reported through >span class="s8">2024 and 2025 that F-35 fighter jet parts and other munitions of war are regularly being transited through Irish airspace without seeking exemptions. Today, The Ditch has reported that a flight carrying nearly 1 tonne of munitions travelled through Irish airspace to a military base in Israel just last week, with another flight scheduled to fly through our skies tonight. The evidence shows that several internationally recognised companies are openly disregarding clearly established statutory prohibitions. This Bill is designed to ensure the current law is enforced. At the very least, we must inspect the flights that are granted exemptions. It is only with this oversight we can ensure we are not complicit in the transfer of military materials to Israel that are being used to maim and kill thousands of innocent civilians in Gaza.
