Courts / Galway / Report
State claims action over 'secret arrangement' with RAF cannot be considered by courts
Summary
Independent Senator Gerard Craughwell, the applicant, brought proceedings against the Government of Ireland, Ireland, and the Attorney General, alleging a 'secret arrangement' allows the Royal Air Force to intercept aircraft in Irish airspace. He claims this purported agreement is unconstitutional, unlawful, and was never approved by the Dáil or a referendum. The State, which neither confirms nor denies the existence of the alleged arrangement, filed a defence denying any improper or unconstitutional conduct. The State brought a pre-trial motion arguing that matters of external relations and security are not justiciable and cannot be reviewed by the courts. Senator Craughwell's legal team opposed the motion, asserting the case is urgent and of public importance. The matter was heard before Ms Justice Eileen Roberts at the High Court, where counsel for the respondents estimated the hearing would take two days. Ms Justice Roberts stated she was not in a position to fix a hearing date for the motion and adjourned the matter to a date in June. The case remains at the pre-trial motion stage, with a hearing date to be fixed when the matter returns before the court.
Who, what, where, when and why
What: Report matter: State claims action over 'secret arrangement' with RAF cannot be considered by courts. Procedural stage: hearing_or_decision
When:
- 11th September 2001 Other
- August 2022 Hearing Or Sentence
- November 2005 Other
- 2023-05-22 Publication
Case subjects
Applicant
Outcome: Ms Justice Roberts said that she was not in a position to fix a hearing of the motion and adjourned the matter to a date in June.
Applicant
Outcome: Ms Justice Roberts said that she was not in a position to fix a hearing of the motion and adjourned the matter to a date in June.
Places mentioned
- High Court
Topics
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