AG says he cannot help on legal query over Shannon flights that may aid Israel's Gaza war
Attorney General
Rossa Fanning
has told the
Social Democrats
that he is not in a position to assist after the party appealed to him to check whether Irish policy on flight inspection at Shannon Airport is consistent with EU customs law.
The party's foreign affairs spokeswoman Patricia Stephenson had previously called on the EU anti-fraud watchdog, OLAF, to launch an investigation into the inspection of flights into Shannon which she said may be facilitating
Israel's bombardment of Gaza
.
She also wrote to the Attorney General, along with her party colleague Gary Gannon, asking whether Irish policy is consistent with the State's legal duties under both EU law and the Genocide Convention.
In a response, Mr Fanning wrote that while he appreciated the party had written to him 'with the public-spirited concern of conscientious members of the Oireachtas', he was unable to assist as his constitutional role 'does not extend to providing analysis of legal matters to individual members of the Oireachtas'.
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He said that furthermore, 'it would be neither appropriate, nor in accordance with my legal position, for me to act as a conduit in bringing such concerns to the attention of the Government'.
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Ireland seeks 'legal clarity' over Shannon stopover for US deportation flights
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'As members of the Oireachtas, I trust you will have the opportunity to express to Government directly the concerns you raise in the correspondence to DG TAXUD [Directorate-General for Taxation and Customs Union] and OLAF.'
The Social Democrats have said there is credible evidence that military contractors and private aircraft carrying dual-use goods are moving through Irish airspace and Irish territory en route to Israel.
Ms Stephenson has previously said that under EU customs law, Ireland is required to carry out risk-based inspections. 'That means prioritising flights operated by arms brokers or those on known weapons trade routes. That's what the law says - and right now, Ireland isn't following it,' she said.
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New aircraft inspection system planned to prevent illegal transport of weapons through Ireland
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Speaking on Friday after receiving the AG's letter, Ms Stephenson said: 'Given the response of the Attorney-General, it's now important that the Taoiseach clarifies if the Irish State is indeed in breach of EU law in choosing not to inspect planes that are arriving in Shannon and then travelling out of the European Union directly from Ireland.
'Obviously our concern is one of moral failure, regarding Gaza and the weapons travelling through Ireland, but the State can't continue to operate outside of EU Customs and VAT requirements while maintaining this appalling indifference to what is happening in Shannon Airport.'
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