An Opposition TD is seeking a High Court injunction preventing the attendance of “super-junior” ministers at Cabinet meetings.
Proceedings by People Before Profit-Solidarity TD Paul Murphy against the Taoiseach, the Government, Ireland and the Attorney General were filed in the High Court this week.
In his plenary proceedings, likely to come before the court in the coming days, the Dublin South West TD claims the attendance of Ministers of State or super-junior ministers at cabinet meetings is inconsistent with the Constitution, particularly Articles 6, 13 and 28, and he wants an injunction restraining their attendance.
Article 6 provides that powers of government are exercisable only by or on the authority of the organs of State established by the Constitution. Article 13 concerns the appointment by the President of the Taoiseach and of the other members of government. Article 28 provides, inter alia, that the government shall consists of not more than 15 members.
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The TD is also seeking a court declaration that government decisions taken at Cabinet meetings attended by Ministers of State or super-juniors since their formal appointments by President Michael D Higgins on January 23rd last have been taken in a manner inconsistent with the Constitution.
He wants a further declaration that legislation for payment of allowances to such appointees is unconstitutional.
The action by Deputy Murphy, represented by Feichín McDonagh SC, with barristers Brendan Hennessy and Paul Gunning, instructed by KM Solicitors LLP, comes on the heels of a separate judicial review challenge by Sinn Fein TD Pa Daly.
Last week, the High Court granted permission to the Kerry TD to bring that challenge, which is also against the Taoiseach, Government, Ireland and the Attorney General, over the constitutionality of the attendance of super-junior ministers at Cabinet meetings.
When the case was mentioned before the court this week, Attorney General Rossa Fanning, appearing for all respondents, said it was based on a “simplistic but false” equivalence between attending meetings of government and being a member of Government. The case should be resolved promptly in the public interest, he said.
The super-junior ministers appointed last month are Fine Gael’s Hildegarde Naughton and Regional Independent Group members Seán Canney and Noel Grealish. Fianna Fail TD Mary Butler, the Government’s Chief Whip, is also a Minister of State attending cabinet.
When contacted by The Irish Times about the case, Deputy Murphy said he had initiated the proceedings because of his view that the creation of the super-juniors positions “is a political stroke designed to spread the spoils of office.”
“I think it goes against the Constitution and that is why I am taking the case.”
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