Opposition TDs taking super junior case to Supreme Court

By Cillian Sherlock, Press Association

People Before Profit–Solidarity TD Paul Murphy is to take his challenge over “super junior” ministers participating in Cabinet to the Supreme Court.

Sinn Féin’s Pa Daly TD is also taking his challenge against the Government to the Supreme Court.

Murphy had argued that the attendance of super junior ministers at Cabinet was inconsistent with the Constitution, which says the government “shall consist of not less than seven and not more than 15 members”.

In December, President of the High Court Judge David Barniville said he and his two colleagues had rejected the arguments made by Daly and Murphy “in their entirety”.

Murphy argued that four super junior ministers had attended Áras an Uachtaráin with the 15 senior ministers who received their seal of office from the president, in January last year.

This is not about those currently serving as super junior ministers. It is about the constitutionality of their role at Cabinet, which the Supreme Court will now determine.

Daly had 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.

In a statement on Monday, Murphy said: “I’m pleased to have been granted leave to appeal to the Supreme Court.

“The Constitution is very clear in outlining that the government shall ‘not have more than fifteen members’ and that it is bound to function collectively and confidentially.

“It seems to me that this is clearly breached by the existence of these ‘super juniors’ who are not constitutionally ministers but act as if they were.

Daly said: “This is not about those currently serving as super junior ministers. It is about the constitutionality of their role at Cabinet, which the Supreme Court will now determine.

“I now look forward to the case proceeding before the highest court, where legal clarity will be established in the public interest.”