High Court challenges over 'super junior' ministers attending Cabinet set for July

High Court reporters

Hearings into separate High Court actions brought by Kerry TD Pa Daly and People Before Profit-Solidarity’s Paul Murphy challenging the constitutionality of "super junior" ministers will be heard consecutively in early July.

A three-judge divisional court will hear the actions, starting on July 7th with Mr Daly’s case, High Court president Mr Justice David Barniville said during a case management hearing on Wednesday.

Mr Murphy’s case will commence immediately after the expected conclusion of Sinn Féin TD Mr Daly’s case on July 9th, the president said.

Super junior ministers are appointed by the Government on the nomination of the Taoiseach. They participate at government meetings but do not vote.

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

He claims 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 is seeking an injunction restraining super junior ministers from attending Cabinet meetings. His case also points to the 15-person limit outlined in article 28 of the Constitution.

Both TDs are suing the Taoiseach, the Government, Ireland and the Attorney General. The State parties are fully defending the cases.

On Wednesday, Attorney General Rossa Fanning reiterated his side’s assertion that Mr Murphy’s case raises no legal issue that won’t be addressed in Mr Daly’s case.

He said Mr Murphy’s side had not responded to their questions asking what legal question is raised by their case that is not raised in Mr Daly’s case.

Mr Fanning acknowledged that he couldn’t stop Mr Murphy’s case from getting on, but asked the court to exercise its discretion, and to not fix the Dublin South-West TD’s case for after Mr Daly’s case.

John Rogers SC, appearing with Paul Gunning and Molly Higgins for Mr Murphy, said that their case would add “a real dimension” to the court’s appraisal and understanding of the Government’s practice of including super junior ministers at Cabinet meetings.

Mr Murphy, former TD and minister of State Shane Ross and historian Diarmuid Ferriter are expected to give evidence for Mr Murphy’s side.

Mr Justice Barniville, sitting with Ms Justice Siobhán Phelan and Mr Justice Conleth Bradley, said the court was persuaded that it was appropriate for Mr Murphy’s case to be heard immediately after Mr Daly’s.

Mr Justice Barniville said that running the case consecutively would be the best use of resources, including court time.