The Government will contest High Court proceedings brought by People Before Profit-Solidarity TD Paul Murphy claiming “super junior” ministers’ attendance at Cabinet is unconstitutional.
Among the reliefs sought by Mr Murphy is an injunction restraining “Minister of State attending Cabinet” from going to Government meetings.
Mr Murphy’s case, brought against the Taoiseach, the Government, Ireland and the Attorney General, claims the attendance and participation of these super junior ministers at Government meetings is inconsistent with the Constitution.
The State argues that Mr Murphy’s proceedings are a duplication of a similar case brought by Sinn Féin TD Pa Daly earlier this year.
Mr Daly’s case alleges the appointment of super junior ministers is “completely anti-democratic”.
It is Mr Murphy’s case that there are “significant distinctions” between his and Mr Daly’s actions.
John Rogers SC, appearing with Paul Gunning BL for Mr Murphy, told Mr Justice Brian Cregan on Monday that both sides had agreed without prejudice to a timeline for the exchange of case documents, including the State’s defence.
The case will be listed before the President of the High Court, Mr Justice David Barniville, next month for case management purposes.
Mr Murphy was last week permitted by Mr Justice Cregan to serve the defendants with his proceedings. In a sworn statement to the court, Mr Murphy’s solicitor Patrick Kevans claimed the proceedings “raise issues of transcendent constitutional importance”.
Mr Murphy’s case claims the attendance of super junior ministers at Cabinet is inconsistent with Article 28 of Bunreacht na hÉireann, which stipulates – among other things – that the government shall consist of not more than 15 members.
The proceedings also raise questions regarding Cabinet confidentiality.
In the current Government, Fine Gael’s Hildegarde Naughton, Regional Independent Group members Seán Canney and Noel Grealish, and Fianna Fáil’s Mary Butler are super junior ministers who attend Cabinet meetings.
Ms Butler is the Government’s chief whip.
Senior government Ministers are appointed by the President of Ireland on the advice of the Taoiseach and with the prior approval of Dáil Éireann.
Super junior ministers are appointed by the Government on the nomination of the Taoiseach.
