Sinn Féin TD's case against 'Super Junior' ministers at Cabinet at the High Court tomorrow
In
February
, the case appeared before court for a hearing. Daly is asking the court to declare
that the attendance of the super juniors at government meetings is unconstitutional
.
The super junior ministers appointed include Fine Gael's Hildegarde Naughton, as well as Independents Sean Canney and Noel Grealish. Fianna Fáil's chief whip Mary Butler is also a minister of state attending Cabinet.
Advertisement
Attorney General Rossa Fanning represented all of the respondents – himself, the Taoiseach and the Government –
in the hearing in court in February
.
Speaking today, Daly said that the case challenges what he believes 'is a deeply problematic and unconstitutional practice that has taken root in recent decades – the attendance and participation of so-called 'Super Junior' Ministers at meetings of the Government'.
He said that the case was as a constitutional challenge aimed at protecting the integrity of Ireland's system of government – 'which Fianna Fáil, Fine Gael and the Lowry-Led Independents are playing fast and loose'.
There is a constitutional limit of 15 members of Cabinet. Daly is arguing that the four super junior ministers who also sit at Cabinet is unconstitutional.
Sinn Féin leader Mary Lou McDonald and TD Pearse Doherty are expected to speak to the media outside the High Court tomorrow morning before the hearing begins.
Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article.
Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
Learn More
Support The Journal
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Examiner
2 hours ago
- Irish Examiner
Cork taskforce 'must entice people to live in city centre'
A taskforce on Cork City must be focused on 'reimagining the core' to entice people to live on shopping and commercial streets, Taoiseach Micheál Martin has said. Mr Martin has said that any taskforce will need to have 'clear objectives' to pursue, but stressed that he has been focused on developing Cork since first becoming Taoiseach in 2020. 'I didn't need a taskforce to tell me what we needed to do in terms of the docklands and the investment in the airport, in the port, all of which has happened,' Mr Martin said. I think the focus has to be reimagining the core of the city, the city centre, but also the immediate suburbs adjacent to the city centre. 'It seems to me cities and towns are changing and we have to reimagine what a modern city centre would look like and how we sustain commerce in the city centre but also bring in more residential.' In late June, Tánaiste Simon Harris said the Government would be establishing a taskforce on Cork, after promising during the election campaign that Fine Gael would seek its creation within 100 days of Government. That pre-election deadline passed in early May. The Taoiseach said he wanted to see the current Government begin the development of light rail in the city, as set out in the so-called Cork Luas plan. The rail is set to run for 18km, going between Ballincollig and Mahon point, with a total of 25 stops along the way, including at Munster Technology University's Bishopstown campus, Cork University Hospital, University College Cork, Kent train station, the docklands, Blackrock, and Mahon. Mr Martin acknowledged that the public consultation is underway and there are issues around Ballintemple which need 'to be resolved". However, he said: In my view, we shouldn't wait forever to get started. Meanwhile, the Tánaiste said the Cork taskforce is a 'very clear commitment' within the programme for government. 'This is something that Government is working on and I think the example we have seen in Dublin shows that a taskforce will benefit businesses and communities alike,' Mr Harris said. 'We have seen the difference it can make in Dublin, where Government, local government, and community stakeholders, work together and say: 'What's our common vision — let's stop this silo [thinking], that's a job for the council, that's a job for the government, that's a job for somebody else — let's actually pull together and say where do we want the city to be over the next 10 to 15 years.' 'We've now done it in Dublin. It needs to happen in Cork.' The Government has yet to outline the funding allocation to the Cork taskforce, but said the model used in the Dublin taskforce could be replicated by a taskforce in Cork City. Following the Dublin taskforce report, the Government approved the establishment of a new body due to oversee redevelopment of the capital city. However, proposals to redevelop the GPO to include retail units and offices have been sharply criticised by the opposition.
Irish Examiner
4 hours ago
- Irish Examiner
Pa Daly: Why Sinn Féin is challenging the Government on super junior ministers
This week I will bring a constitutional challenge against the Government in the High Court regarding the appointment of super junior ministers. The case challenges what I believe is a deeply problematic and unconstitutional practice that has taken root in recent decades - the attendance and participation of so-called super junior ministers at meetings of the Government. This case is a constitutional challenge aimed at protecting the integrity of our system of government under Bunreacht na hÉireann with which Fianna Fáil, Fine Gael and the Lowry-led Independents are playing fast and loose. The Constitution is clear. Article 28.1 states that 'the Government shall consist of not more than 15 members'. That is not a guideline, a suggestion, or an ideal. To me, this is a legal limit on the number who may be part of the Government. The practice of allowing super junior ministers to attend Cabinet meetings, contribute to discussions and access all Cabinet documentation, amounts, in effect, to treating them as full members of Cabinet. That is, in our view, in clear breach of the Constitution. While super junior ministers do not have a formal vote at Cabinet, that argument is largely academic. As former Taoiseach Leo Varadkar himself acknowledged earlier this year, votes at Cabinet happen rarely, if at all. What matters is that super junior ministers are regularly present, bring memos for decision, and are deeply involved in the executive decision-making process. They are treated, in all meaningful respects, as equals to Cabinet ministers, without being bound by the same legal framework and without the constitutional permission to operate in that role. This, we will argue, undermines the core principles of collective Cabinet responsibility and Cabinet confidentiality. The Constitution guarantees that the Government speaks with one voice and that its internal workings are conducted within a protected, confidential framework. This is necessary to ensure stability, coherence, and accountability. When individuals who are not legally members of the Government are present, that principle is eroded. Cabinet confidentiality is diluted, and the chain of collective responsibility becomes blurred. Let's be clear, this is not a historical anomaly. The attendance of a Minister of State at Cabinet first occurred in 1994 under the Rainbow Coalition. Every government since has perpetuated this arrangement. But that doesn't make it right - nor does it make it legal, but we believe that it is time for the courts to adjudicate on the issue. We have reached a point now where four super junior ministers of State are incentivised, via public funds, to operate as Cabinet members in all but name. I believe that this is incompatible with the Constitution. It effectively uses taxpayer money to encourage a practice that breaches the constitutional limits placed on the composition and function of Government. That should concern every citizen, regardless of party or politics. We are told this is a matter of practicality or political expediency. We're told it helps the government run more smoothly or allows for more inclusive voices at the table. Who is running the Government? But when Michael Lowry TD - someone who brokered a deal between Fianna Fáil, Fine Gael, and the Regional Independent Group - states publicly that super juniors 'will sit at the Cabinet table, have access to all Cabinet papers, contribute at Cabinet, and attend all leaders' meetings,' we must ask - who is really running the Government? This arrangement isn't about good governance. It's about maintaining power through political horse-trading. It is about doing deals behind closed doors and bending constitutional norms to fit political convenience. It is now time to get clarity from the courts on the constitutionality of the issue. The Constitution must mean what it says. If we allow these lines to be blurred, we invite further erosion of the democratic checks and balances that are essential to our system of government and to our democracy. This case is not about party politics. It is not about those who currently serve as super junior ministers. But the constitutionality of their role at Cabinet I believe must be clarified. A culture has developed where constitutional boundaries can be bent by political deal-making. The cost is the loss of public trust in politics and the weakening of our democratic institutions. This case is about reasserting the rule of law, reaffirming the authority of Bunreacht na hÉireann, and ensuring that the Government operates as the Constitution demands. Anything less would be a disservice to the people of Ireland.
The Journal
12 hours ago
- The Journal
Sinn Féin TD's case against 'Super Junior' ministers at Cabinet at the High Court tomorrow
SINN FÉIN TD Pa Daly's case against the Taoiseach regarding the appointment of the controversial 'Super Junior' Ministers will go to full hearing tomorrow morning at the High Court. In February , the case appeared before court for a hearing. Daly is asking the court to declare that the attendance of the super juniors at government meetings is unconstitutional . The super junior ministers appointed include Fine Gael's Hildegarde Naughton, as well as Independents Sean Canney and Noel Grealish. Fianna Fáil's chief whip Mary Butler is also a minister of state attending Cabinet. Advertisement Attorney General Rossa Fanning represented all of the respondents – himself, the Taoiseach and the Government – in the hearing in court in February . Speaking today, Daly said that the case challenges what he believes 'is a deeply problematic and unconstitutional practice that has taken root in recent decades – the attendance and participation of so-called 'Super Junior' Ministers at meetings of the Government'. He said that the case was as a constitutional challenge aimed at protecting the integrity of Ireland's system of government – 'which Fianna Fáil, Fine Gael and the Lowry-Led Independents are playing fast and loose'. There is a constitutional limit of 15 members of Cabinet. Daly is arguing that the four super junior ministers who also sit at Cabinet is unconstitutional. Sinn Féin leader Mary Lou McDonald and TD Pearse Doherty are expected to speak to the media outside the High Court tomorrow morning before the hearing begins. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
