The State has lost its appeal to block a case seeking to compel officials to confirm if Ireland has a secret deal with Britain to allow the RAF to enter Irish airspace in the event of a terrorist or international attack.
The decision was confirmed in a Court of Appeal ruling on a case involving allegations of a "secret deal" dating back to the aftermath of the 11 September 2001 attacks on the US; official refusals to confirm or deny the deal's existence for national security reasons; and claims any such agreement would be unconstitutional if it exists.
The long-standing case was taken by Independent senator Gerard Craughwell, who has alleged there is a secret deal between Ireland and Britain which allows the RAF to enter Irish airspace and effectively police the location in the event of a terrorist or international attack.
It is Senator Craughwell's view that this alleged deal was made in the aftermath of the 11 September 2001 attacks on the US, a view his legal team argues was indicated by a Dáil statement from then taoiseach Bertie Ahern to then Fine Gael leader Enda Kenny on 16 November 2005, when Mr Ahern said "there is co-operation and a pre-agreed understanding on those matters".
While the State formally neither confirms nor denies the existence of any such agreement, it is Senator Craughwell's view that such a deal would be in breach of Article 29.5.1 of the Constitution, which states: "Every international agreement to which the State becomes a party shall be laid before Dáil Éireann."
Senator Craughwell's legal team have previously argued that any alleged deal is an international agreement, and that there is no evidence that it was ever laid before Dáil Éireann for a vote or lodged with the United Nations which the State is obliged to do in terms of any treaty.
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