A request from the State requesting an early legal issue determination concerning Senator Gerard Craughwell’s alleged “secret agreement” that permits the UK military to intercept threatening aircraft in Irish airspace, has been denied by the High Court.
The State and the Government insisted that the claims made by the senator were not subject to judicial scrutiny and requested a resolution of this issue before it proceeded to a full hearing. However, a previous decision by a judge stated that the issue must be addressed during the entire trial of Mr. Craughwell’s case.
The State’s proposal for an early resolution to legal issues presented by the defendants was rejected on Monday by Mr Justice Brian Cregan. The primary reason for this being the defendants’ refusal to acknowledge the assertions made by the senator regarding an alleged global agreement between the UK and Ireland. This agreement, he claims, lets the Royal Air Force (RAF) intercept any aircraft in Irish airspace that poses a threat to either country.
The judge stated that pleas in the case were either legal pleas or a combination of law and facts. Additionally, he emphasized that before reaching a conclusion on allegations put forth by the senator, evidence is required.
There was a notable discrepancy between both sides regarding the case’s factual assertions, the judge pointed out. He concluded that the acceptance of the plaintiff’s assertions as argued is a clear prerequisite for any trial of a preliminary issue.
Adding further, he stated that the senator had clearly stated his case, and it is a valid one that isn’t destined to fail. The judge then adjourned the proceedings for a week to consider his ruling.
The independent senator’s actions are based on an alleged agreement between Great Britain and Ireland allowing the RAF to intervene and intercept any threatening aircraft in Irish airspace. Senator Craughwell alleges such an arrangement is both unlawful and unconstitutional without the Irish public’s approval through a referendum. The senator claims the agreement was never presented to the Dáil and was established after the September 11th, 2001, terrorist attacks on the US.
The State and the Government, while neither confirming nor denying the existence of the supposed agreement, have lodged a legal rebuttal against Mr Craughwell’s lawsuit, rejecting claims of improper or unconstitutional behaviour.
Mr Craughwell alleges that the Government has intentionally neglected its constitutionally assigned duties and powers by not presenting the agreement to the Dáil. He contends that such a supposed agreement can only gain approval through a public vote.
In response to queries on this subject, he asserts that the State consistently opts to withhold any related information due to its connection with matters of national security.
Mr Craughwell, a former serviceman of both the Irish Defence Forces and the British Army, is seeking various legal rulings, including a declaration that the supposed agreement contravenes the constitution.
Additionally, he is calling for a declaration that the Government’s failure to exercise sovereignty over Ireland’s territorial waters, airspace, and exclusive economic zone violates article 5 of the Constitution.
He also seeks a legal injunction to prevent the government from enacting legislation related to the agreement unless it has first been approved by a national referendum.