Galway Bay fm newsroom - The State claims that the High Court can't consider Senator Gerard Craughwell's constitutional challenge against an alleged 'secret arrangement' between the UK and Ireland.
Salthill-native Senator Craughwell claims it allows the Royal Air Force to intercept aircraft in Irish airspace that pose a threat to either country.
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.
He's seeking a court declaration that the arrange is unconstitutional.
Senator Craughwell's also seeking an order restraining the government from bringing in legislation to give effect to the agreement, unless it has been passed by 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 any suggestion it has acted improperly or unconstitutionally - and has introduced a pre-trial motion.
It claims that the courts can't review matters of external security within the Government's executive power, where the denial or confirmation of any arrangement could endanger State security.
Should the state succeed in its pre-trial application, Senator Craughwell's case will fall.
