{"id":200521,"date":"2025-12-19T17:56:07","date_gmt":"2025-12-19T17:56:07","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/200521\/"},"modified":"2025-12-19T17:56:07","modified_gmt":"2025-12-19T17:56:07","slug":"opposition-tds-lose-legal-challenge-over-super-junior-ministers-sitting-at-cabinet-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/200521\/","title":{"rendered":"Opposition TDs lose legal challenge over \u2018super junior\u2019 ministers sitting at Cabinet \u2013 The Irish Times"},"content":{"rendered":"

The High Court<\/a> has dismissed challenges brought by two Opposition TDs claiming that attendance of \u201csuper junior\u201d ministers at meetings of the Government was unconstitutional. <\/p>\n

Sinn F\u00e9in<\/a>\u2019s Pa Daly<\/a> and People Before Profit-Solidarity<\/a> TD Paul Murphy<\/a> brought separate but similar challenges, arguing that article 28 of Bunreacht na h\u00c9ireann limits the number of government members to 15, and provides they meet and act as a collective authority.<\/p>\n

A three-judge High Court, comprising the court president Mr Justice David Barniville, Ms Justice Siobh\u00e1n Phelan and Mr Justice Conleth Bradley, on Friday held that no provision of the Constitution is breached by the attendance and participation of the junior ministers at meetings of the Cabinet. <\/p>\n

The judges delivered separate judgments in the cases, but reached the same conclusion.<\/p>\n

The court held that the Constitution does not restrict attendances at Cabinet meetings to the 15 members of Government. <\/p>\n

It also found that decisions taken by Cabinet are ultimately controlled by the 15 members and the attendance of super junior ministers does not invalidate such decisions. <\/p>\n

An appeal directly to the Supreme Court over the outcome is expected.<\/p>\n

Attorney General Rossa Fanning, who led the State\u2019s defence, described Mr Daly\u2019s proceedings as a \u201cpolitical challenge to the integrity of the Government\u201d. Because there is no constitutional regulation of who attends Cabinet meetings, that was an issue exclusively for the Government, he argued.<\/p>\n

Senior government ministers are appointed by the President of Ireland on the advice of the taoiseach and with prior approval of D\u00e1il \u00c9ireann.<\/p>\n

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.<\/p>\n

Four super junior ministers are currently attending Cabinet: Fianna F\u00e1il\u2019s Mary Butler (also Chief Whip); Hildegarde Naughton of Fine Gael; and Noel Grealish and Se\u00e1n Canney of the Regional Independent Group. They are not parties to the actions.<\/p>\n

In their judgment, the judges said that a super junior minister is appointed by government decision, on the Taoiseach\u2019s nomination and without the need for D\u00e1il approval, in a \u201cfundamental difference\u201d to the appointment of ministers, or members of government. <\/p>\n

As only 15 TDs \u2013 that is, the 15 Ministers \u2013 were appointed to the present Government by the President, it follows that the relevant super junior ministers are not members of the Government, and therefore, there has been no breach in the numerical restriction imposed by Article 28 of the Constitution, the court held.<\/p>\n

They found that the obligation of Cabinet confidentiality applied generally to those attending meetings, not just the 15 members of Government. <\/p>\n

In Mr Murphy\u2019s case, the court made several findings on decision-making at Cabinet. <\/p>\n

It said Mr Murphy\u2019s side accepted that, in the event of a vote on a Cabinet decision, only the 15 members of Government would participate. <\/p>\n

\u201cThe attendance and participation by the super junior ministers at meetings of the Government, therefore, does not undermine the decisions taken by the members of the Government, constitutionally appointed,\u201d the court said.<\/p>\n

This is borne out in other findings, the court held. <\/p>\n

This includes a finding that the preparation of Cabinet memos \u2013 proposals for government decisions to be voted on by Cabinet \u2013 is controlled solely by the 15 members of Government. <\/p>\n

The participation at Cabinet of individuals other than Government members \u2013 including the chief whip, the secretary general, and the attorney general \u2013 does not invalidate any decision taken by the 15 members of Government, the court held. <\/p>\n

Both Mr Murphy and Mr Daly were in attendance at the Four Courts for the delivery of the judgments, as was Sinn F\u00e9in leader Mary Lou McDonald. <\/p>\n

Outside court, Ms McDonald said: \u201cWe knew at the time of the formation of this Government, when the grubby deal was struck with Michael Lowry and his assortment of Independents, and when we saw there was a record number of super-junior ministers appointed, that we had to seek clarity on this question.\u201d <\/p>\n

They will consider the judgments over Christmas and decide whether to take further action, she added.<\/p>\n

Mr Murphy said the central issue in the \u201cvery important\u201d case was whether the constitutional rule limiting government to 15 members can be \u201cgot around\u201d by creating the concept of super-junior ministers.<\/p>\n

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