Courts / Galway / Report

Senator alleges government has 'unlawful' secret deal with Royal Airforce on intercepting aircraft

Date
2023-02-24

Stage
Hearing Or Decision

Primary locality
Craughwell

County
Galway

Summary

Senator Gerard Craughwell, represented by Richard Bowman of Bowman McCabe solicitors, has brought High Court proceedings against the Government of Ireland, Ireland, and the Attorney General. The applicant alleges that a purported secret agreement, established over 20 years ago following the 2001 terrorist attacks, unlawfully permits the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this arrangement is unconstitutional and was never approved by the Dáil or the Irish people via referendum. He asserts that the agreement constitutes an unlawful abdication of the Government's constitutional duties and a breach of Articles 1, 5, 6, 13, 15, and 28 of the Constitution. The Government has filed a defence, raising preliminary issues including whether the Senator has the legal standing to bring the challenge. The case is currently at the hearing or decision stage, with the matter listed before the High Court on Monday. At this procedural stage, the court is expected to consider further legal directions and a potential hearing date for the action, which the Senator seeks to be heard as soon as possible. The applicant seeks declarations that the agreement is impermissible and an order restraining the government from legislating to give it effect without a referendum. The matter remains ongoing, with no final judgment or sentence issued at this stage.

Who, what, where, when and why

What: Report matter: Senator alleges government has 'unlawful' secret deal with Royal Airforce on intercepting aircraft. Procedural stage: hearing_or_decision

When: