Government ordered to reveal US airspace use

The High Court in Dublin tonight directed that the Government should reveal documents relating to the use of Irish airspace and airport landing facilities available to foreign military aircraft.

Three Government departments; Foreign Affairs, Transport and Public Enterprise were instructed to allow the partial discovery of documentation requested by student peace activist Eoin Dubsky.

Mr Dubsky, whose application for discovery was granted by Mr Justice Liam McKechnie, claimed the Government was acting unconstitutionally by allowing American military aircraft to use Irish airspace and landing facilities.

Mr Dubsky also claimed that Ireland was participating in war by facilitating the aircraft.

But the order secured by Mr Dubsky, which applied from September 2001, and relates to all foreign military aircraft involved in the conflict in Afghanistan, related to partial discovery only.

Opposing the application, government lawyers maintained that some decisions did not entail having written documentation, and that their actions were in compliance with United

NationsResolution number 1368, requiring governments to increase security co-operation in the wake of the September 11 attacks on the United States.

Mr Dubsky initiated the proceedings while on bail on charges relating to the damaging of a United States military aircraft at Shannon Airport, Co Clare.

The judge said issues of privilege relating to the documentation sought would be decided by the court at a later stage.

Discovery of documents relating to the cargo of aircraft and the number of overflights, landings and refuellings in the State, was refused.

During the hearing, John Rogers, counsel for Mr Dubsky, said it was “extraordinary” that the state had not shown any instrument signed by a minister relating to the use of landing facilities and airspace by foreign military aircraft.

The Government argued there was no “war” in Afghanistan within the meaning of the Irish Constitution or public international law.