State claims senator's action over 'secret RAF arrangement' cannot be considered by courts

An RAF Typhoon aircraft. An Independent senator has brought proceedings over what he claims is an agreement between Ireland and Great Britain allowing the RAF to fly into Irish airspace and "intercept” aircraft that pose a threat.
The State has contended the courts cannot consider Senator Gerard Craughwell's constitutional challenge against what he claims is the 'secret arrangement' allowing the British military to intercept any aircraft in Irish airspace that poses a threat to either country.
The Independent senator has brought proceedings over what he claims is an agreement between Ireland and Great Britain allowing the RAF to fly into Irish airspace and "intercept” aircraft that pose a threat. He claims the agreement is unlawful and unconstitutional, without a referendum.