Courts / Galway / Report

Preliminary trial to decide issues in case over State's alleged secret deal with RAF

Date
2023-10-12

Stage
Hearing Or Decision

Primary locality
Craughwell

County
Galway

Summary

In a pre-trial hearing, Mr Justice Rory Mulchay directed that a preliminary trial be held to determine the State's argument that an action brought by Independent Senator Gerard Craughwell is non-justiciable. Senator Craughwell alleges that an unapproved arrangement allows the Royal Air Force to intercept aircraft in Irish airspace, claiming this is unconstitutional and requires a referendum. The Government and State oppose the action, denying any improper conduct and arguing that courts cannot review matters of external security falling within executive powers. The judge accepted that the defendants' claim of non-justiciability should be heard by way of a preliminary trial, citing the sensitivity of the issues and the potential to resolve legal questions without trespassing on security matters. However, the court rejected the defendants' request to determine a second related issue regarding the review of external security proceedings, finding it lacked sufficient agreed facts. The judge noted that if the preliminary trial does not resolve the proceedings, the question of a modular trial may be revisited. The matter was adjourned to return before the judge at a later date for final orders.