Sinn Féin TD’s ‘super junior’ minister High Court challenge adjourned

High Court reporters

Kerry TD Pa Daly’s High Court action claiming the appointment of “super junior” ministers is unconstitutional has been adjourned to allow for the filing of sworn statements to the court.

On Tuesday, Feichín McDonagh SC, appearing with Brendan Hennessy BL for the Sinn Féin TD, told Ms Justice Mary Rose Gearty his side had received opposition papers from respondents – the Taoiseach, the Attorney General and Ireland.

Mr McDonagh said his side would file replying affidavits before the end of the month, and said that both parties were seeking a hearing date.

Mr Daly, who brought his judicial review proceedings earlier this year, points to Article 28 of the Constitution, which limits the number of Cabinet members to 15, including the Taoiseach.

The Co Kerry TD's case claims that in facilitating more non-government ministers of state at Cabinet, the Government is “acting contrary” to the 15-person limit and to the “expressed wish of the people of Ireland”.

Ms Justice Gearty on Tuesday noted similar proceedings brought by People Before Profit-Solidarity TD Paul Murphy were listed for case management purposes before High Court president Mr Justice David Barniville.

The judge suggested adjourning Mr Daly’s case and listing it before the president to be mentioned alongside Mr Murphy’s proceedings on April 28th. Both parties agreed.

Mr McDonagh noted that the Attorney General previously raised the possibility of having the case heard by a special divisional court, which would see it heard by not just one High Court judge but by three sitting together.

Ms Gearty said that she did not have an update on the prospect of a divisional court hearing the case.

David Fennelly SC, appearing for the State parties, said that he may need to file further affidavits “in due course”.

On the last occasion the case was before the court, the Attorney General – making a rare in-person appearance at the High Court – said Mr Daly’s case was based on “simplistic but false” claims.

Rossa Fanning said “prompt” determination of Mr Daly’s case was in the public interest, given the nature of the constitutional issues arising. Mr Fanning said it was “necessary” for more than 15 people to attend meetings of Government.

The “super junior” ministers subject to the proceedings are Fine Gael’s Hildegarde Naughton and Regional Independent Group members Seán Canney and Noel Grealish. Fianna Fáil’s Mary Butler is also a Minister of State attending Cabinet in addition to being the Government’s chief whip.

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

“Ministers of state attending Cabinet”, who are colloquially known as super juniors, are appointed by the Government on the nomination of the Taoiseach. They participate at Government meetings but do not vote.

Government members are bound by constitutional obligations of confidentiality at Government meetings, while, Mr Daly alleges, “ministers of state who are not members of the Government are not so bound and the Constitution does not contemplate their attendance on a regular basis or at all”.

Mr Daly also claims the use of public funds to provide an allowance to ministers of state is inconsistent with the Constitution.

He is asking the High Court to declare that the super juniors’ attendance at Government meetings is unconstitutional.