Courts / Galway / Report

Senator's action over State's alleged secret deal with British military cannot be heard by court, appeal told

Date
2025-02-14

Stage
Appeal

Primary locality
Craughwell

County
Galway

Summary

The Court of Appeal has reserved its judgment in an appeal brought by the State against a High Court decision regarding an action filed by Independent Senator Gerard Craughwell. Sen Craughwell alleges that a secret international agreement exists allowing the RAF to intercept rogue aircraft in Irish airspace, claiming such an arrangement is unconstitutional unless approved by referendum. The State, represented by Brian Kennedy SC, argued that the claims are political rather than legal and therefore not justiciable. Counsel for the State contended that the plaintiff's pleadings contained only "bare assertions" without sufficient factual basis to meet the threshold for trial, noting that the State could neither confirm nor deny the alleged security arrangements due to sensitive policy. Conversely, Gerard Humphreys, counsel for Sen Craughwell, argued that the existence of an arrangement requiring constitutional approval was evident from previous Dáil statements by then-Taoiseach Bertie Ahern. He maintained that the Government's failure to control airspace breached the Constitution and requested the court to force the State to admit or deny the existence of a treaty. The three-judge panel, including Mr Justice Charles Meenan, heard these arguments on the preliminary issue of justiciability. If the State succeeds, the case will fall before a full hearing. The court has reserved its judgment on this appeal.

Who, what, where, when and why

What: Report matter: Senator's action over State's alleged secret deal with British military cannot be heard by court, appeal told. Procedural stage: appeal

When: