Deportation flights from US do not need State clearance to stop in Shannon Airport, department says
US flights carrying deportees and stopping over in Ireland do not need to be cleared with the Government, the Department of Foreign Affairs has said.
Flight tracking data shows that a Gulfstream jet owned by a US company, which has in the past carried out deportation flights, stopped in Shannon on Wednesday morning en route to Djibouti.
The US Department of Homeland Security confirmed the aircraft was transporting eight men, which it described as 'violent criminals', to the African country in contravention of a court order blocking the deportations.
However, the Department of Foreign Affairs said that, because the plane was a civil flight, there was no need for the US government to alert Irish authorities.
It said: 'The Department of Foreign Affairs and Trade is aware of reports that a US flight on May 21 landed in Shannon en route to Djibouti. This was a civil aircraft and, as such, no diplomatic clearance would have been sought or would have been required. The regulation of civil aircraft and flights is a matter for the Department of Transport.'
Civil aviation
In a statement, the Department of Transport said that world civil aviation was governed by the Convention on International Civil Aviation (the Chicago Convention), to which both Ireland and the US are signatories.
'Article 5 of this convention provides for the right of air operators of contracting parties to operate non-scheduled overflights and stops for non-traffic purposes [e.g. refuelling] in the territory of the other contracting parties,' the department said.
Trina Realmuto, the executive director of the National Immigration Litigation Alliance which represents the men, told the Irish Examiner that she was not aware of other flights which had come through Ireland, nor has she been in contact with the men.
On Wednesday, Tricia McLaughlin, the assistant secretary for public affairs at the US Department of Homeland Security, said the flight contained criminals who had committed serious crimes and criticised US federal Judge Brian Murphy for trying to 'bring them back' to America.
It is understood that the deportees were from Vietnam, Cuba, Myanmar, Laos, and Mexico.
The US Department of Homeland Security did not respond to queries about whether it had flagged the flights or sought any assurances of its legality.
The issue was raised in the Dáil yesterday, with Tánaiste Simon Harris being accused of 'disinterest' in the use of Shannon Airport.
Mr Harris told Labour's Ivana Bacik that 'this was a civil aircraft and, as such, no diplomatic clearance would have been sought or would have been required'.
Ms Bacik said: 'It is unconscionable that an Irish airport could be used as an instrument to violate human rights. To date, the Government has shown an astounding lack of curiosity on the matter."
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