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Sinn Féin TD Pa Daly outside the High Court in Dublin last week. Alamy Stock Photo

High Court hearing over 'super junior' ministers at Cabinet expected to take place in May

Sinn Féin TD Pa Daly took the case, claiming that the attendance of super junior ministers at Cabinet meetings is unconstitutional.

A FULL HEARING in the case taken by a Sinn Féin TD against the government over the presence of super junior ministers at Cabinet is expected to take place in May, after an initial High Court hearing today.

Pa Daly is asking the court to declare that the attendance of the super juniors at government meetings is unconstitutional.

The super junior ministers appointed include Fine Gael’s Hildegarde Naughton, as well as Independents Sean Canney and Noel Grealish.

Attorney General Rossa Fanning represented all of the respondents – himself, the Taoiseach and the Government – in the case in court today.

Ms Justice Mary Rose Gearty ordered the State to provide Daly’s legal team with statements of opposition within six weeks and said it is anticipated that the hearing will be heard in May.

Following the hearing, Daly said: “The government has increased the Cabinet to 19 by the backdoor when the constitution clearly states the Cabinet cannot exceed 15.

“It is my view that the government is in breach of the constitution, and there now needs to be legal clarity on this matter once and for all,” Daly said.

He welcomed the progression of the case and Judge Gearty’s order for statements of opposition within six weeks. 

“I also welcome that the anticipated hearing date will be in May, and that clarity will, at long last, be provided.”

When asked about the case outside the Dáil today, Sinn Féin leader Mary Lou McDonald said it was a “serious matter”. 

“The constitution is explicit. It states that there shall be between seven and 15 members of government. Fifteen, therefore, is a cap,” McDonald said.

“What we have seen with the latest government formation and a very grubby deal struck with Michael Larry and his band of independents, is now 19 ministers – the 15 plus four super juniors – and the question has to be asked, where is the line drawn? At what point do we remind the government that actually, there are rules and that there are constitutional provisions around all of this?

“We don’t believe that the government should be allowed to use the Ceann Comhairle, the leas Ceann Comhairle, the number of members that sit at Cabinet as simple crude bargaining chips to put together their administration. They do actually have to play by the rules, and that’s what we’re looking for.

“The courts will decide it. I think it’s a strong case, but we will be in the hands of the courts ultimately on all of these matters.”

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