High Court dismisses challenges from TDs over 'super junior' ministers

PA

Two legal challenges to the government’s appointment of super junior ministers have failed in the High Court.

People Before Profit TD Paul Murphy had taken a case against the Taoiseach, the Government of Ireland, and the Attorney General in relation to allowing super junior ministers to attend Cabinet.

Mr Murphy had argued that the attendance of super junior ministers at Cabinet is inconsistent with the Constitution, which states in Article 28 that the government “shall consist of not less than seven and not more than fifteen members”.

Sinn Féin TD Pa Daly had also challenged the government’s appointment of super junior ministers on the basis that it caused issues for cabinet confidentiality, as well as an issue of expenses and allowances paid to super junior ministers.

Reading out the judgment, High Court President Mr Justice David Barniville said that there were just 15 ministers from the present government appointed by the president.

The three-judge panel rejected the arguments made by Mr Daly and Mr Murphy “in their entirety”.

“As no disregard – and certainly no clear disregard – of the constitutional parameters to the exercise of government power or breach of the constitutional provisions concerning the government has been established, we are satisfied that Deputy Daly’s claim must fail and he is not entitled to the declaratory relief which he seeks in these proceedings.”

Politicians who took a case against the government over super junior ministers have said they will consider the judgment over the Christmas break.

Sinn Féin leader Mary Lou McDonald said that after four super junior ministers had been appointed, they knew “we had to seek clarity on this question”.

“It remains our firm position that nobody in political life should have the opportunity to play fast and loose with the Constitution and with its rules in order to secure political outcomes that they desire, and that’s the reason we brought this case,” Ms McDonald said.

People Before Profit TD Paul Murphy said: “The central issue here is whether the Constitution can simply be got around, as Leo Varadkar suggested successive governments have been doing.

“We’ll read the judgment over Christmas. Obviously, we have a decision to make in the coming period about whether we pursue this and appeal this to the Supreme Court. We’ll make that decision in the cold light of day, having fully considered all that’s in the judgment.”

More to follow