Opposition TDs lose legal challenge over super junior ministers sitting at Cabinet – The Irish Times

Two Opposition TDs have lost their legal challenges alleging the attendance of “super junior” ministers at meetings of the Government is unconstitutional.

A three judge High Court, comprising the court president Mr Justice David Barniville, Ms Justice Siobhán Phelan and Mr Justice Conleth Bradley gave its judgment on Friday afternoon on both actions.

The Attorney General, Rossa Fanning, led the State’s defence to the first challenge, taken by Sinn Féin TD Pa Daly, which was followed by the action by People Before Profit Solidarity TD Paul Murphy.

The court concluded both cases must fail for reasons including the court was satisfied that, while the Constitution limits the members of government to 15, there is no constitutional provision limiting the attendance at government meetings to the 15 members.

An appeal directly to the Supreme Court over the outcome is expected to be sought.

Four super junior ministers are attending Cabinet: Fianna Fáil’s Mary Butler (who is also Chief Whip), Emer Higgins of Fine Gael, and Noel Grealish and Seán Canney of the Regional Independent Group. They are not parties to the actions.

In the case, the Attorney General had described Mr Daly’s proceedings as a “political challenge to the integrity of Government”. Because there is no constitutional regulation of who attends Cabinet meetings, that was an issue exclusively for the Government, Mr Fanning argued.

Lawyers for both TDs argued article 28 of Bunreacht na hÉireann limits the number of Government members to 15, including the Taoiseach, and provides they meet and act as a collective authority.

Senior Government Ministers are appointed by the President of Ireland on the advice of the Taoiseach and with prior approval of Dáil Éireann.

“Ministers of State attending Cabinet”, or super junior ministers, are appointed by the Government on the nomination of the Taoiseach. Super junior ministers participate in Government meetings, but do not vote.

In his case, Mr Murphy sought injunctions to stop the attendance of the super junior minister at Cabinet. Mr Daly also challenged the legislation permitting the payment of an allowance to the super-juniors for their attendance.

In evidence during the hearing, former super junior minister Finian McGrath, who served as Minister of State for Disability in 2016-2020, said he was treated as a “full minister” while attending government meetings and sometimes succeeded in blocking or amending Cabinet decisions.