Opposition TDs to apply for costs following failed ‘super junior’ challenge

Ann O'Loughlin

Sinn Féin’s Pa Daly and People Before Profit-Solidarity TD Paul Murphy intend to apply for legal costs incurred in their failed High Court challenge to the constitutionality of “super junior” ministers’ attendance at meetings of Government.

The deputies brought separate but similar challenges, arguing that Article 28 of Bunreacht na hÉireann limits the number of government members to 15, and provides that they meet and act as a collective authority.

A three-judge High Court, comprising the court president Mr Justice David Barniville, Ms Justice Siobhán Phelan and Mr Justice Conleth Bradley, in December held that no provision of the Constitution is breached by the attendance and participation of the junior ministers at Cabinet meetings.

It remains open to both TDs to seek permission to appeal the High Court’s judgment.

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

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.

On Thursday, the Attorney General Rossa Fanning told the three judges the deputies’ side wished to apply for their legal costs. Mr Fanning said he would be opposing such an application.

Mr Fanning suggested to the court the case could be adjourned to allow the parties to compile submissions on the issue of costs.

Feichín McDonagh SC, for Mr Daly, said he was agreeable to the suggestion. John Rogers SC, for Mr Murphy, also agreed with the proposition to allow time for submission, and said there was a clear need to hold a hearing to decide the issue of costs.

Mr Justice Barniville said he would adjourn the case to a date in February.