State entitled to refuse ‘point blank’ to tell court if RAF deal exists, judge says

The State is refusing “point blank” to tell the High Court if an agreement exists permitting the British Royal Air Force to intercept any aircraft posing a threat in Irish airspace, a judge has observed.

Mr Craughwell alleges Ireland and Britain have a secret unlawful agreement allowing the RAF to intercept any aircraft that could be a threat to Irish airspace. He says article 29.5.1 of the Constitution requires that such an arrangement must be laid before the Dáil and should also have been subject of a referendum vote.

Further questioning from Mr Craughwell led to responses that this concerned national security and the Government would neither confirm nor deny the existence of the alleged arrangement. While reiterating that she made no admissions about whether an arrangement existed, Ms Donnelly acknowledged that an international agreement, as defined by certain standards, must be laid before the Dáil under article 29.5.1.

A “good faith” but incorrect interpretation would mean such a situation would not equate to “clear disregard” of the Constitution, she said.

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State argues court should not allow Senator’s challenge to alleged secret deal with RAFGerard Craughwell claims any arrangement allowing RAF interception in Irish airspace is unlawful and unconstitutional unless approved by Dáil and put to a referendum
Source: IrishTimes - 🏆 3. / 98 Read more »