State sued over alleged secret deal for RAF to patrol Irish airspace 

Senator Gerard Craughwell's case is that the State has failed in its constitutional duty by not putting arrangements with the UK's military in front of the Oireachtas

An RAF Typhoon fighter jet. Senator Gerard Craughwell's case is that an alleged agreement whereby the UK would protect Irish airspace breaches the Constitution. File picture: SAC Charlotte Hopkins/PA 

The State is being sued in the courts by an Independent Senator for allegedly engaging in a secret deal with the Royal Air Force to outsource the patrolling of Irish airspace.

The High Court case, taken by Senator Gerard Craughwell and lodged on Monday, states that the alleged agreement between Ireland and the RAF amounts to a breach of multiple clauses of the Constitution and “an impermissible dilution of sovereignty”.

Mr Craughwell’s overriding complaints are that, under the Constitution, no body can raise an Irish army other than the Oireachtas, while regardless any international agreement must be laid before and approved by the Dáil, which the senator claims has not transpired.

“Since 2017, the Irish State has had an agreement with the United Kingdom which provided for the RAF to protect our skies,” stated Mr Craughwell.

"I have been asking if such an agreement exists ever since, and have been given evasive answers, or been told that I would be answered at a later time. 

"The time has come to bring the matter to a head.”

In March 2020, RAF fighter jets were scrambled on at least two occasions to intercept Russian military aircraft, operating under radio silence, which were on course to enter Ireland’s airspace off the west coast.

At that time, the Department of Transport confirmed that commercial airliners had been warned about the presence of the encroaching aircraft, describing the “unscheduled activity” as being “unwelcome”.

Mr Craughwell added that “if there is a secret deal to protect our skies, then it should have been gone about in an organised way”. He added: 

"If you look at the Constitution, it’s very clear about who can and who cannot raise the armed forces. Only the Oireachtas can. In reality, this should have gone to a referendum of the people."

Defence Minister Simon Coveney denied that such an agreement exists during his appearance at the relevant Oireachtas committee last July. “We do not have overflight arrangements with the RAF, to be clear,” Mr Coveney said at the time in response to Mr Craughwell.

The High Court case’s statement of claim asserts that failing to lay the alleged agreement before the Oireachtas “amounts to a deliberate disregard by the Government of the powers and duties conferred on it by the Constitution”.

Gerard Craughwell: '[I]t’s very clear about who can and who cannot raise the armed forces. Only the Oireachtas can. In reality, this should have gone to a referendum of the people.' File picture

Last month, Mr Craughwell wrote to the Government formally requesting confirmation or otherwise that it had entered into a contract with the British government regarding the policing of Irish airspace.

The Government replied earlier this month to state that the query concerns matters of national security and that therefore the State “shall not disclose any information” regarding same. 

It added: "These are matters of national security and therefore the departments shall not confirm or deny the existence of any alleged agreement or arrangement." 

Mr Craughwell has waived any rights to compensation resulting from the case, though that does not include his legal costs.