Court rejects State's bid for separate trial of preliminary issues in senator's action over alleged secret air deal 

Senator claims alleged agreement between Ireland and Great Britain allowing the British air force to fly into Irish airspace and 'intercept' aircraft that pose a threat is unlawful and unconstitutional

Senator Gerard Craughwell seeks various declarations from the court including that the agreement with Ireland and the UK allowing armed British military aircraft to intercept aircraft over Irish airspace amounts to breaches of the Irish Constitution. File picture: Mark  Stedman/RollingNews.ie

A State application to have a preliminary issue of law determined ahead of Senator Gerard Craughwell's action over an alleged "secret arrangement" allowing the British military to intercept any rogue aircraft in Irish airspace has been dismissed by the High Court.

The Government and the State argued in the pretrial motion the senator's claims cannot be reviewed or determined by a court of law, and had asked the court to hear this issue in advance of the full hearing of the senator's proceedings.