High Court judges to hear TD's case on 'super junior' minister appointments being unconstitutional

High Court Reporters

Three judges of the High Court are to sit together to hear Kerry TD, Pa Daly's case claiming the appointment of “super junior” ministers is unconstitutional.

The three-judge divisional court is expected to sit in July to hear the Sinn Fein TD's legal challenge.

Mr Justice David Barniville, president of the High Court, on Monday listed the case for three days beginning on July 7th, and said it was his preference to hear a similar action brought by People Before Profit-Solidarity TD Paul Murphy at the same time.

Mr Justice Barniville said he was establishing a three-judge divisional court to hear the cases.

Mr Daly’s judicial review proceedings point to article 28 of the Constitution, which limits the number of government members to 15, including the Taoiseach.

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

Mr Murphy’s case also argues that the attendance of “super junior” ministers at Cabinet is unconstitutional. The Dublin South-West TD wants an injunction restraining the ministers in question from attending Government meetings.

Feichín McDonagh SC, appearing with Brendan Hennessy BL for Mr Daly, told the judge no further affidavits were to be filed, and the case was ready for a hearing date.

Mr Justice Barniville noted there was “very little factual dispute” between the parties in Mr Daly’s proceedings. Attorney General Rossa Fanning, representing the State parties, said the case was about one legal question – that is, whether or not the Constitution prohibits a small number of ministers of state from attending meetings of Government.

John Rogers SC, appearing with Paul Gunning BL for Mr Murphy, said his case would require the hearing of oral evidence. He said he was seeking an early trial date, and said he could have his case “in order” within two to three weeks.

The court heard the State parties are due to file a defence to Mr Murphy’s case by Tuesday this week.

Mr Justice Barniville said it seemed to him that both cases raise “very, very similar, if not identical” legal issues. He said he wished to hear both cases one after the other, or around the same time.

The judge also noted the possibility of having to delay giving judgment in one set of proceedings before the other case is heard.

The judge adjourned Mr Murphy's case, to be mentioned in two weeks’ time.

Previously, the Attorney General said Mr Daly’s case was based on “simplistic but false” claims. He said it was “necessary” for more than 15 people to attend meetings of the Government.

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

“Ministers of State attending Cabinet”, 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.