SINN FÉIN TD Pa Daly has launched legal action against the Government over whether the attendance of ‘super junior’ ministers at Cabinet is unconstitutional.

The Kerry politician today moved an initial application seeking an urgent hearing of his request to pursue the claim in court. 

It comes after three junior ministers were appointed last week who the government said would be attending Cabinet.

They are Fine Gael TD Hildegarde Naughton, who has responsibility for disability; the Regional Independents’ Noel Grealish, who has responsibility for food promotion, new markets, research and development; and the Regional Independents’ Sean Canney who has responsibility for international and road transport, rail and ports.

Under the Constitution, a maximum of 15 senior ministers can be appointed.

Super junior ministers, sometimes referred to as ‘Minister of State attending Cabinet’, have a seat at the table and attend meetings, but do not have a vote in them.

In a statement this evening, Sinn Féin leader Mary Lou McDonald said the legal action comes after Fianna Fáil and Fine Gael appointed “a record” number as part of a coalition deal with the Regional Independent Group. 

“It is apparent that government is using the role of “Super Junior Ministers” as a work around the Constitution, which is very clear that government can consist of a maximum of fifteen members,” McDonald said. 

🚨We believe FF-FG manoeuvres around so-called ‘Super Junior Ministers’ contravene the Constitution. Now they’ve appointed a record number of Super Juniors as part of their grubby deal with Michael Lowry.
This is not about delivering for people or making government work better.… https://t.co/iruTRU6Dqe

— Mary Lou McDonald (@MaryLouMcDonald) January 28, 2025

“Government manoeuvres allow individuals to sit at the cabinet table and be treated as though they are government ministers enjoying all of the rights of a Minister, save the ability to cast a vote. We believe that this is in contravention of the Constitution.”

The government motivation is not about delivering for people. It’s not about making government work better. It is about greasing the wheels of power. It smacks of arrogance and entitlement by those who believe that the rules don’t apply to them.

“We believe that it is now time for the courts to rule on this matter.”

When asked about the legal action today, Justice Minister Jim O’Callaghan said it was an “interesting point” and that he believes the government will contest the matter.

Courts not there to look at Constitution ‘like a trick’

The Fianna Fáil TD said: “There’s no constitutional basis for a chief whip. Are we to say that the chief whip isn’t allowed either?

“I think we need to be practical in terms of what the Constitution provides. It’s clear you can only have 15 members of government, but that doesn’t mean that other ministers, junior ministers, can’t attend.”

When asked what argument he expects the government would use to contest the matter, O’Callaghan said: “I would have thought they’ll use very good arguments from the Attorney General.

“The courts aren’t there to look at the Constitution as though it’s a trick or it’s a game,” he continued.

“Look at the substance of what’s happening. There are 15 seals of office handed out. The three super juniors are juniors. That’s what it says on the tin. They’re junior ministers. They’re not Cabinet ministers.”

The High Court will hear the application tomorrow. 

With reporting from Press Association