Courts / Galway / Report

State fails in preliminary action over State's alleged secret deal with British military

Summary

The State has failed in a preliminary application to have a judge rule on the justiciability of Senator Gerard Craughwell's constitutional challenge regarding an alleged secret arrangement with the UK. In a hearing before Mr Justice Brian Cregan, the judge refused the defendants' motion to determine the issue of law in advance of the full hearing. The State and the Government, represented as defendants, argued that the senator's claims were not justiciable and that reviewing matters of external security would endanger State security. However, the judge noted that the defendants had not accepted the facts as pleaded by the senator, specifically the existence of an alleged international agreement allowing the RAF to intercept aircraft in Irish airspace. Citing case law, the judge stated that acceptance of the plaintiff's case as pleaded is a precondition for a preliminary trial. He further observed that the senator's case was clearly stateable and not bound to fail, and that evidence was required before the court could reach a conclusion. The judge ruled that the application for the trial of the preliminary issue must be refused. The matter was adjourned for a week to allow the parties to consider the decision. Senator Craughwell, who claims the alleged agreement is unconstitutional and was never put before the Dáil, seeks declarations that the arrangement breaches the Irish Constitution and an order restraining the government from legislating on the matter without a referendum.

Who, what, where, when and why

What: Report matter: State fails in preliminary action over State's alleged secret deal with British military. Procedural stage: hearing_or_decision

When:

• 11th September 2001 Other
• 2024-07-08 Publication

Why: This, he said, was because the State and the government had not accepted the facts as pleaded by the senator, namely that there is an alleged international agreement between Ireland and the UK over allowing the RAF to intercept aircraft over Irish skies that pose a threat to either country. CNI source report

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Stage Hearing Or Decision

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Read the original CNI report