Super junior ministers treated 'identically' to senior ministers, court told
Mr Ross, who served as Minister for Transport, Tourism and Sport from 2016 to 2020, was on Wednesday giving evidence at the hearing of People Before Profit-Solidarity TD Paul Murphy's High Court action challenging the attendance of super-junior ministers at Cabinet meetings.
Advertisement
During his cross-examination of Mr Ross, the Attorney General Rossa Fanning claimed Mr Ross illegally breached a Constitutional obligation to respect the confidentiality of Cabinet meetings by publishing a book with accounts of discussion at such meetings. Mr Ross denied any illegality.
The Cabinet confidentiality provision is one of several sections of the Constitution Mr Murphy's case claims is breached by the attendance of super-junior Ministers at Cabinet.
Among the reliefs sought by Mr Murphy is an injunction restraining super-junior Ministers from going to Government meetings.
Minister of State attending Cabinet, or super-junior ministers, are appointed by the government on the nomination of the Taoiseach.
Advertisement
They participate at government meetings but do not vote.
Senior government ministers are appointed by the President of Ireland on the advice of the Taoiseach and with the prior approval of Dáil Éireann.
Mr Fanning is leading the defence to the proceedings brought against the Taoiseach, the Government, Ireland and the Attorney General.
The hearing into Mr Murphy's action began on Wednesday, immediately following the conclusion of submissions in a similar case brought by Sinn Féin TD Pa Daly.
Advertisement
Led in his evidence by John Rogers SC, Mr Ross said super-junior ministers were treated 'identically' to senior ministers in the context of Cabinet meetings during his tenure in Government.
Mr Ross said they participated fully in discussions at meetings, and agreed that they were never 'curtailed' from participating by virtue of their 'nominally lower status'.
Mr Ross agreed that super-junior ministers were able to influence Government decision-making. On one occasion, Finian McGrath, a super-junior minister between 2016 and 2020, 'changed the Government's mind' on a specific Cabinet decision after he threatened to resign, Mr Ross said.
Put to him by Mr Fanning that there is a difference between having political influence and being a member of Government, and that many people can exercise political influence, Mr Ross said being present at Cabinet is 'not just a matter of political influence'.
Advertisement
Super-junior ministers' presence at meetings gives them a 'special influence' on legislation, Mr Ross said. 'I saw it – they have a much greater influence than other ministers of state.'
Closing his cross-examination, Mr Fanning put to Mr Ross that he breached the Constitutional obligation to respect the confidentiality of Cabinet meetings in a book he wrote containing accurate descriptions of such meetings.
The book, his 2020 title In Bed with the Blueshirts, was 'an act of calculated and deliberate illegality', Mr Fanning put to him. The book, Mr Fanning claimed, was in contemptuous disregard of the Constitution.
Mr Ross denied any illegality and said the book pertained to political matters of public interest. 'I thought it was justifiable, there was plenty of precedent for it,' he said.
Advertisement
In the witness box, Mr Murphy said super-junior ministers are acting as de facto members of Government, not accountable or approved by the Dáil.
Earlier, opening Mr Murphy's case, Mr Rogers said the people of Ireland have a Constitutional right to choose their 'rulers', and the Constitution only provides for 15 members of Government to act as those 'rulers'.
Similar to Mr Daly's case, Mr Murphy's case points to article 28 of the Constitution, which limits the number of government members to 15, including the Taoiseach, and provides that they meet and act as a collective authority.
Mr Rogers said their case is challenging the arrangement whereby super-junior ministers attend meetings of government consistently and participate in Cabinet discussions as though they are members of government.
'There is no law whatsoever to say that a Minister of State is permitted to be in the government,' Mr Rogers said.
He said the Taoiseach and the Government had 'usurped a power they don't have' to bring strangers – in a constitutional sense – into the Government room, into the council chamber.
Mr Rogers submitted that a 'democratic principle' underpins the process by which deputies are nominated to Government by the Taoiseach, and approved by the Dáil, describing it an indirect election or approval on behalf of the people.
Counsel submitted that super-junior ministers attend at Cabinet and participate in Government deliberations and decisions without any process of approval in the Dáil – unlike the 15 members of Government.
'The Taoiseach nor the Government, cannot hollow out, empty, give away, the expansive powers given to them by the people in article 28,' he said.
The case, sitting before a three-judge divisional court, continues, with historian Diarmaid Ferriter and former super-junior minister Finian McGrath expected to give evidence.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
BreakingNews.ie
2 hours ago
- BreakingNews.ie
Over half of those left at controversial Athlone asylum facility could begin to leave next week
Over half of the people seeking asylum occupying a controversial emergency accommodation centre in Athlone will tell the government by next week whether they have accepted alternative accommodation offered to them. At the High Court on Monday, senior counsel Aoife Carroll, for the government, told Ms Justice Emily Farrell that of the remaining 125 people at the accommodation centre, 70 people had received offers of alternative accommodation and that the court should know their answers next week. Advertisement Last month, Ms Carroll told the court that 137 people were in emergency accommodation at the facility, but that figures were dropping as alternative accommodation was being sought. The High Court action was taken by Independent Ireland councillor for Athlone-Moate District Paul Hogan, who successfully applied to the court in December for a judicial review, arguing that the expedited development was unlawful. The State has conceded to the court that the statutory instrument used to expedite the construction of the facility was "invalid" and is working on repairing legislation. A Statutory Instrument is a secondary legislation made by a Minister, modifying or supplementing existing laws. Cllr Hogan is taking the case against the office of the Minister for Children, Equality, Disability, Integration and Youth. Advertisement Cllr Hogan claimed the Minister failed to adequately "screen" the project for potential environmental impacts and that the Minister lacked the expertise to carry out such assessments in such an expedited manner. Protests have been held in Athlone over the plan to further develop army-tent accommodation for a possible 1,000 asylum seekers. Last month, Ms Justice Farrell said she would defer judgment, quashing the use of the Statutory Instrument used to develop the emergency accommodation at Lissywollen in Athlone, Co Westmeath. Ms Justice Farrell had said she wanted to wait for updates and to see draft legislation from the Oireachtas. The government submitted it intended to remedy the legal issue over the bypassing of environmental assessments for the accommodation. Advertisement Today, Ms Carroll said the department was continuing to work to reduce the number of people at the facility, but that there was "significant pressure" on the system. Regarding the repairing legislation, Ms Carroll said "we have not made the progress hoped". Ms Carroll said that "significant work" had been done on a general scheme and that it was hoped this would go for drafting in preparation for legislation. Ms Carroll again asked for the court not to make final orders in the matter and to maintain the status quo pending the legislation, which is hoped to be put to the Dáil in November. Advertisement Ms Justice Farrell adjourned the matter to next week but warned she could not keep deferring final orders when the government had "ample opportunity" to put legislation before the Dáil. David O'Brien BL, for Cllr Hogan, said the government indicating "loose dates" had been "a regrettable motif" in the case. Any November date for the legislation to come before the Dáil, which was indicated to the court in May, had been initially "unrealistic... now, it is at the point of untenable" and his client was left "without a modicum of explanation", he said. Cllr Hogan claims the ministerial process employed was "unlawful, irrational and a breach of fair procedures".
BreakingNews.ie
3 hours ago
- BreakingNews.ie
Ireland ‘prepared to take further action' over Gaza, says Harris
Ireland is 'prepared to take further action' to bring about a ceasefire in the Middle East, the Tánaiste has said. Simon Harris is one of 26 signatories to a joint statement on Monday which calls for an end to the war in Gaza. Advertisement Mr Harris, who is also Minister for Foreign Affairs, said the 'suffering of civilians in Gaza has reached new depths'. He said Israel must immediately lift restrictions on the flow of aid and urgently enable the UN to do 'life-saving work safely and effectively' in the region, adding that Hamas must also release all hostages immediately. The letter is signed by the foreign ministers of the UK, Australia, Austria, Belgium, Canada, Denmark, Estonia, Finland, France, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, The Netherlands, New Zealand, Norway, Poland, Portugal, Slovenia, Spain, Sweden and Switzerland. Tents sheltering displaced Palestinians amid war-damaged infrastructure in Gaza City. Photo: Jehad Alshrafi/AP. It is also signed by the EU Commissioner for Equality, Preparedness and Crisis Management. Advertisement It states that Israel must comply with obligations under international humanitarian law. 'The Israeli government's aid delivery model is dangerous, fuels instability and deprives Gazans of human dignity. 'We condemn the drip feeding of aid and the inhumane killing of civilians, including children, seeking to meet their most basic needs of water and food. 'It is horrifying that over 800 Palestinians have been killed while seeking aid. The Israeli Government's denial of essential humanitarian assistance to the civilian population is unacceptable.' Advertisement The ministers added: 'The hostages cruelly held captive by Hamas since October 7 2023 continue to suffer terribly. 'We condemn their continued detention and call for their immediate and unconditional release. 'A negotiated ceasefire offers the best hope of bringing them home and ending the agony of their families.' It says that proposals to remove the Palestinian population into a 'humanitarian city' are completely unacceptable. Advertisement 'Permanent forced displacement is a violation of international humanitarian law.' The ministers also oppose steps for 'demographic change in the Occupied Palestinian Territories', including proposals for accelerated settlements in the West Bank. The authors conclude: 'We are prepared to take further action to support an immediate ceasefire and a political pathway to security and peace for Israelis, Palestinians and the entire region.'
BreakingNews.ie
6 hours ago
- BreakingNews.ie
Ireland's infrastructure ‘does not need architects' egos going wild'
Ireland's new infrastructure plan will focus on the functionality of projects rather than 'award-winning' designs, a junior minister has said. The Government is to unveil its revised National Development Plan on Tuesday, which outlines how €200 billion will be spent across various departments over the next 10 years. Advertisement The plan, funded by taxpayers' money, some of the €14 billion in Apple tax money and windfalls from sold state shares in AIB, is expected to focus on housing, energy, water and transport infrastructure. Minister of State Sean Canney said possible US tariffs still pose a major threat to efforts to upgrade Ireland's infrastructure deficit. The Regional Independent TD, one of the several in the coalition government with Fianna Fáil and Fine Gael, would not indicate what road projects would benefit from the plan, but suggested projects that are 'shovel-ready' would be prioritised. Mr Canney told RTÉ Radio: 'The first five years, up to 2030, are critical for us. Advertisement 'We have money in that space to actually get books done and infrastructure put in place – water and sewerage – to allow us to build their housing.' He added: 'The biggest threat to everything we do, everything we plan, is, of course, the tariffs, where they're going to land. 'I do accept the fact that in all things that we are planning, you have this cloud hanging over us, and nobody can predict what will come from the United States tomorrow or next week or whatever.' He said he could not outline what specific projects would be funded, but said more road projects would be given 'the go-ahead' in an attempt to spread economic activity across the country. Advertisement He said the 'broad figures' for each department would be announced on Tuesday. 'The reason we're doing it that way, it gives departments the flexibility to look at the projects they have coming up, look at which projects are shovel-ready, and we can get them moving as quickly as possible, because in every department, there is an urgency to implement, rather than to be creating more strategies.' In an apparent reference to the National Children's Hospital, a 'state-of-the-art' public infrastructure project which has been criticised for ballooning to a cost of €2.2 billion, he said there would be an emphasis on functionality. 'It is important that we deliver the projects, but also, and this is a key one, is that we deliver projects which are functional rather than being award-winning, especially in housing and in hospital infrastructure, we need buildings that will function. Advertisement 'We don't need to see an architect's ego going wild, are we to pay more money for something that's not adding to the functionality? 'I think most people would like to have a home that's comfortable and functional rather than have an award-winning housing estate from an architectural and aesthetic point of view.' Among the main projects expected to be mentioned in the report is the long-awaited Metrolink, which is estimated to cost at least €9 billion, but the Government has been warned the cost could inflate to €23 billion.
