SINN FÉIN TD Pa Daly’s challenge to government’s appointment of super junior ministers has been adjourned to allow for further sworn statements to be made in the case.

Féichín McDonagh SC told the High Court today that he has received the affidavits from the respondents in the case, which is the Taoiseach, the Government and the Attorney General.

McDonagh told Ms Justice Mary Rose Gearty that they will be lodging a replying affidavit in the next few weeks. The case will go before the President of the High Court Mr Justice David Barniville on 28 April, with an intention to fix a date for a hearing.

Justice Gearty said that she hoped a hearing could be fixed for June or July. McDonagh previously told the court that the application for leave to seek judicial review is over the appointment of super junior ministers who attend meetings of the Cabinet.

A ‘super junior’ minister is a minister of state who attends Cabinet meetings at government buildings in Dublin each week.

He told the judge that Daly wants declarations that their attendance breaches the constitution. The Kerry TD points out that Article 28 of the Constitution of Ireland limits the number of government members to 15.

The super junior ministers appointed include Fine Gael’s Hildegarde Naughton, Fianna Fáil’s Mary Butler as well as independents Sean Canney and Noel Grealish.

Justice Gearty said that similar proceedings have been brought by People Before Profit-Solidarity TD Paul Murphy. She said the case has been listed before Justice Barniville.

She said both cases could be listed before the president, with both TD’s cases mentioned later this month. Speaking afterwards, Daly said the judge recognises there is an “urgency and seriousness” to the case.

There are three separate headings in the pleadings, including the number of people attending Cabinet meetings. Daly said there is an issue of cabinet confidentiality as well as an issue of expenses and allowances paid to super junior ministers.