LAST UPDATE | 22 May

THE TÁNAISTE SAID he is carrying out enquiries to find out whether a US flight that landed in Shannon was carrying migrants.

Speaking on RTÉ Radio this morning, Simon Harris said that he is “trying to establish the facts” following US media reports. 

Gardaí in Shannon have this morning told The Journal that the flight is believed to have been a deportation flight that stopped in Ireland en route to Africa.

The Department of Foreign Affairs and trade confirmed this this evening that a US flight landed in Shannon but would not say for what purpose.

“The Department of Foreign Affairs and Trade is aware of reports that a US flight on 21 May 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,” the statement said.

Last night the New York Times published an article that claimed a flight carrying at least eight illegally-deported migrants had left the US en route to South Sudan on Tuesday. The plane flew from Texas to Shannon where it refueled and then took off, flying across Europe and over Saudi Arabia before landing in Djibouti in east Africa. 

Djibouti has a massive US military base and airfield and was used in the emergency airlift from Sudan when the war broke out in Khartoum. 

The Journal has established that the plane, a Gulfstream V, landed in Shannon and spent approximately two hours on the ground on Tuesday night. It is not known as yet if gardaí or immigration officials had any interactions with the plane during its time at the airport.

The Department of Justice did not respond to a request for a statement. A statement has been requested from gardaí.

It is routine that US flights land at Shannon to refuel. Some are military while most, including the Gulfstream GV, are operated by civilian charter companies. 

Civilian charter company Journey Aviation lists the aircraft on their website. The aircraft is a 14-seater.

Our enquiries have found that Journey Aviation has contracts with the US Government.  

The New York Times reported that a judge in Boston, Brian E Murphy, found the Trump administration had breached an order he issued last month barring the US from deporting people to countries not their own without first giving them sufficient time to object.

This morning Simon Harris said that he was aware of the US media report and was making enquiries to check its veracity. 

“I’m trying to establish the facts on this now in real time, because I’m aware of the US media reports.

“I have no reason to believe that the procedures in place for the use of Irish airports by foreign aircraft has been breached by the United States. But I am seeking more information from my department this morning,” he said. 

Harris added that he was also seeking “legal clarity” because of the seriousness of the incident. 

“I think complying with US law is obviously a matter for the US administration.

“Complying with our own laws is obviously a matter for the Irish, for the Irish State and the Irish government.

“Let me try and establish more in relation to this, as my Department is. There are very clear rules in relation to flights that can and can’t stop over in Shannon and what they must do and not do.

“We need to see whether this was in compliance with that. This is a story that’s only emerged in US media, so I’m trying to get on top of it now,” he added. 

A spokesman for the US Embassy in Dublin referred our query to US Immigration and Customs Enforcement (ICE). ICE has not responded to a request for a statement.

The issue of whether Ireland can board and search aircraft operated by the US Government is governed under the international law principle of “sovereign immunity”. 

This so-called customary obligation means Ireland will struggle to exercise its rights to search aircraft operated by a foreign Government. 

The interpretation of whether a charter flight is US operated is a key consideration in this issue.

The Department of Transport explained the legal aspects of the flight from an Irish perspective. 

“The Convention on International Civil Aviation (the Chicago Convention), and its associated annexes, established the framework for the operation of international civil aviation.

“Both Ireland and the United States are contracting parties to this Convention.
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.

“This provision is provided for in Irish law in Article 3 of the Air Services Authorisation Order 1993,” the Transport spokesman said. 

With reporting from Conor O’Carroll.