Government loses preliminary hearing bid in Gerard Craughwell’s High Court case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Senator Gerard Craughwell’s High Court action over alleged RAF interception arrangements remained live after the court refused the Government’s bid for a preliminary trial on 8 July 2024.

The judgment concerned the State’s argument that its executive powers over external security and relations were not justiciable, meaning the courts could not review them on the pleaded facts.

Mr Justice Brian Cregan said the defendants did not accept the facts Craughwell pleaded, so evidence was needed before the issue could be decided.

The judge found Craughwell had stated a case that was clear and not bound to fail; he did not decide whether an agreement existed or whether it was unconstitutional.

On 13 August 2024, the Government lodged an appeal against the High Court ruling, arguing that the judge had erred in law and asking the Court of Appeal to set the decision aside.