Galway Bay fm newsroom - The High Court has set a date in October for the hearing of a preliminary issue in Senator Gerard Craughwell’s constitutional challenge against an alleged secret RAF deal.
Salthill-native Senator Craughwell claims the arrangement allows the Royal Air Force to intercept aircraft in Irish airspace that pose a threat to either country.
He’s seeking a court declaration that the arrangement is unconstitutional.
Senator Craughwell argues an arrangement granting these powers to a foreign military is expressly prohibited by several articles in the constitution.
He further contends the deal was not put before the Dáil, nor approved by the Irish people in a referendum.
The Government and the State, which do not confirm nor deny the existence of the alleged agreement, have filed a defence opposing Senator Craughwell's action.
It denies acting improperly or unconstitutionally.
Should the state succeed in its pre-trial application, Senator Craughwell’s case will fall.
Upon hearing the action on Friday, Mr Justice Brian O'Moore fixed two days in early October for the hearing of a preliminary issue raised in the proceedings by the State.