The leave application for a case taken by Sinn Féin TD, Patrick ‘Pa’ Daly, which claims that attendance of ‘super junior’ ministers at meetings of the Cabinet is unconstitutional, will be heard today.
Yesterday, lawyers for Deputy Daly had told the High Court they were seeking a “very urgent” hearing of his application to show he has standing to seek judicial review in regard to the ministers of state having rights to attend meetings of the Cabinet under the new appointments.
The ‘super juniors’ are Fine Gael’s Hildegarde Naughton, and Noel Grealish and Sean Canney of the Regional Independents, and the government has said they will attend Cabinet meetings, but will not have a vote.
The Irish Times today reported that a constitutional law expert has said that “attendance of super-junior Ministers at Cabinet meetings is “at the very least, constitutionally questionable”.”
Prof David Kenny, who is head of the law school at Trinity College Dublin, believes Sinn Féin TD Pa Daly has “a very strong argument” in his High Court challenge seeking a court declaration that the attendance of three recently appointed “super junior” Ministers — one from Fine Gael and two from the Regional Independent Group — at Cabinet meetings is unconstitutional.
Mr Daly, as a member of the Oireachtas, appears likely to meet the legal standing threshold, Kenny believes.
Sinn Féin leader Mary Lou McDonald said that the legal action was being taken after the two major Coalition partners appointed “a record number of so-called ‘super juniors’”.
In a statement, she said: “It is apparent that government is using the role of ‘Super Junior Ministers’ as a workaround the Constitution, which is very clear that government can consist of a maximum of fifteen members.
“Government maneuvers 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’s 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.”