
Super junior ministers ‘acting as a collective authority in Cabinet meetings'
The High Court is hearing a challenge by Sinn Fein TD Pa Daly about the attendance of super junior ministers at Cabinet meetings.
Also attending court on Monday was Sinn Fein leader Mary Lou McDonald and Donegal TD Pearse Doherty.
Mr Daly argues that Article 28 of the Constitution of Ireland limits the number of government members to 15.
The super junior ministers appointed include Fine Gael's Hildegarde Naughton, as well as Independents Sean Canney and Noel Grealish.
Fianna Fail's Mary Butler is also a minister of state attending Cabinet.
Senior government ministers are appointed by the President of Ireland on the advice of the taoiseach of the day, and with the approval of the Dail.
Super junior ministers are appointed by the government on the nomination of the taoiseach.
Feichin McDonagh SC told the three judges that the legal basis of their appointment was exactly the same as the other ministers of state who do not attend Cabinet.
He said he has queried with the respondents about what exactly is a minister of state who regularly attends government meetings.
'One would have thought following exchange of meetings there might be some consensus, but there does not appear to be a consensus,' Mr McDonagh said.
He told the court it was not possible to address the issues unless the court knows what is a super minister.
'The designation of super junior by taoiseach was in some way an exercise of executive power of the state,' he added.
He said it is suggested in the respondent's affidavit that there is an office called minister of state who regularly attends government, which Mr McDonagh said does not exist.
He added that a decision to pay an allowance to super juniors does not change that position.
'Four super juniors now get an allowance and we challenge the provisions in that legislation to allow that,' he added.
'There is minister of state who is told by Taoiseach they can regularly attend government (meetings) and if they come into that category they get 16,000 euro a year.
'But it is not an office, not enacted under the constitution and there is no underpinning to suggest that the office is being created.'
He also queried the meaning behind the words under Article 4.1, in which it states that the Government shall meet and act as a collective authority.
'What does collective authority do? They meet and with the others (ministers) they collectively act. Who is acting collectively? It is the government along with the super junior ministers,' Mr McDonagh added.
'There will be government decisions taken and government acting collectively.
'In that scenario there are extra individuals who are there present in the counsel of chamber. They are taking a full role in the formulation and formation of government policy, thereby acting as a collective authority and there is no dispute between the parties as to that being what is happening.
'The government is formulating policy and taking countless decisions and undoubtedly purporting to act as a collective authority.
'You cannot unscramble that egg. If you have government meeting with super juniors speaking to perspective government decisions and a consensus is arrived at, that decision is no less than a government decision than one that has been voted on.
'That decision is arrived at following a process of mixing yolks to getting into scramble egg and that cannot be unscrambled.'
Earlier, Ms McDonald said the Government has broken the rules.
Speaking outside court, Ms McDonald said: 'This is a challenge to a government who we believe have played fast and loose with the Constitution in a bid to secure a grubby deal with Michael Lowry and to retain office, Fianna Fail and Fine Gael, we believe are acting in defiance of the Constitution.
'There are four so called super junior ministers who attend cabinet. The Constitution, in our view, is very clear. The Cabinet amounts to 15 members, and we believe that the government is breaking the rules.
'They've broken the rules because at all costs, Micheal Martin and Simon Harris wish to remain in government, so they cut this deal, as you know, with Michael Lowry, and we are here now to challenge that action and to seek clarity.'
Mr Daly brought the constitutional challenge against the Government in the High Court regarding the appointment of super junior ministers.
The case challenges what Mr Daly says is a 'deeply problematic and unconstitutional practice that has taken root in recent decades'.
He said: '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 hEireann with which Fianna Fail, Fine Gael and the Lowry-led Independents are playing fast and loose.'
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The former Sinn Fein president also voiced regret that it took so long to come, suggesting the UK Government was focused on 'defeating republicanism'. He also said he regretted the number of lives lost during the Troubles as he reflected on the upcoming 20th anniversary of the IRA statement. The IRA formally ended its 35-year paramilitary campaign on July 28 2005 when former republican prisoner Seanna Walsh read a statement. While a number of ceasefires had been announced and collapsed since 1994, the 2005 statement saw the start of the decommissioning of weapons. The statement said that members had been instructed to use exclusively peaceful means, and not to engage in any other activities whatsoever. Mr Adams described the move as seismic, and an 'indication of confidence' by 'all the IRA' and not just its leadership. 'The statement came after there had been some sort of internal process, a huge vote of confidence in people,' he said. 'It took decades for it to be put together. 'You have to go back to Father Alec Reid, Father Des Wilson, myself, John Hume and the endeavour to put together an alternative to armed struggle. 'It took all that time to do that, but that's what the IRA said in its statement, that they believed there was now a peaceful way to pursue republican and democratic objectives, and ordered its volunteers to not be engaged in any other activity whatsoever, and authorised contact with the International Commission on Decommissioning. 'It took decades and one of my regrets is that it took so long. In my humble opinion it took so long because the two governments, particularly the British government, only sought peace on its terms, which meant defeat the IRA, it meant defeat republicanism and that doesn't work, our people are resolute.' He added: 'The proof of it is that 20 years later the IRA isn't a feature. Some may want to make it a feature, invent, fabricate and so on, but that's the proof of it.' Asked whether he felt the IRA should issue an apology for all the lives lost by their actions, Mr Adam pointed to a statement in 2002 on the anniversary of Bloody Friday, a series of bombs across Belfast which claimed nine lives. It included an offer of 'sincere apologies and condolences' to the families of all 'non combatants' killed or injured by IRA actions. 'I think in fairness that the record will show that the IRA leadership have apologised on a number of occasions about specific incidents or operations which it was involved in, particularly around the issue of civilian casualties or fatalities,' he said. 'One of the big regrets that I have is that so many people were killed, and particularly people who weren't involved and particularly children, that's a real concern. 'I say that from a community and a family which lost loved ones in the course of all of this.' However, Mr Adams added that while he thinks it is important to look back over the last 20 years, it is also important to look forward to the next 20 years and a referendum on a united Ireland. 'One thing we can say with certainty is there is going to be a referendum on the future, the Irish Government doesn't want it, the British Government doesn't want it, unionists don't want it but there is going to be the day when people will vote for the future,' he said. 'Our responsibility, and for everyone who is concerned about the future, need to be part of the conversation well in advance of that vote. Whether it is about public services, health services, the economy, flags, emblems, taking all of those issues and trying to find solutions to them that allows everyone to be comfortable in the new Ireland. 'You rarely get the opportunity to write the future, and we now have that opportunity and its contained in the Good Friday Agreement.' 'I do know that there will be a united Ireland so whether it happens the day after I die or a couple of years before then. 'It is not inevitable, the forces against it are quite strong but if we work at it. 'If we continue to do the sensible, intelligent things that we have been trying to do, then – although I would love to live in a united Ireland – it matters little to me whether it happens after I die or before it. To be able to say in my own heart to say, 'I played a part in bringing that about', that'll do me.' Mr Adams was speaking ahead of an Feile An Phobail arts event this weekend to mark the anniversary. He will take part in a discussion alongside Mr Walsh, chaired by Sinn Fein Galway TD Mairead Farrell, at the Balmoral Hotel in Belfast on Saturday.


South Wales Guardian
5 hours ago
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Adams: It's a regret that end to armed campaign took decades to bring about
The former Sinn Fein president also voiced regret that it took so long to come, suggesting the UK Government was focused on 'defeating republicanism'. He also said he regretted the number of lives lost during the Troubles as he reflected on the upcoming 20th anniversary of the IRA statement. The IRA formally ended its 35-year paramilitary campaign on July 28 2005 when former republican prisoner Seanna Walsh read a statement. While a number of ceasefires had been announced and collapsed since 1994, the 2005 statement saw the start of the decommissioning of weapons. The statement said that members had been instructed to use exclusively peaceful means, and not to engage in any other activities whatsoever. Mr Adams described the move as seismic, and an 'indication of confidence' by 'all the IRA' and not just its leadership. 'The statement came after there had been some sort of internal process, a huge vote of confidence in people,' he said. 'It took decades for it to be put together. 'You have to go back to Father Alec Reid, Father Des Wilson, myself, John Hume and the endeavour to put together an alternative to armed struggle. 'It took all that time to do that, but that's what the IRA said in its statement, that they believed there was now a peaceful way to pursue republican and democratic objectives, and ordered its volunteers to not be engaged in any other activity whatsoever, and authorised contact with the International Commission on Decommissioning. 'It took decades and one of my regrets is that it took so long. In my humble opinion it took so long because the two governments, particularly the British government, only sought peace on its terms, which meant defeat the IRA, it meant defeat republicanism and that doesn't work, our people are resolute.' He added: 'The proof of it is that 20 years later the IRA isn't a feature. Some may want to make it a feature, invent, fabricate and so on, but that's the proof of it.' Asked whether he felt the IRA should issue an apology for all the lives lost by their actions, Mr Adam pointed to a statement in 2002 on the anniversary of Bloody Friday, a series of bombs across Belfast which claimed nine lives. It included an offer of 'sincere apologies and condolences' to the families of all 'non combatants' killed or injured by IRA actions. 'I think in fairness that the record will show that the IRA leadership have apologised on a number of occasions about specific incidents or operations which it was involved in, particularly around the issue of civilian casualties or fatalities,' he said. 'One of the big regrets that I have is that so many people were killed, and particularly people who weren't involved and particularly children, that's a real concern. 'I say that from a community and a family which lost loved ones in the course of all of this.' However, Mr Adams added that while he thinks it is important to look back over the last 20 years, it is also important to look forward to the next 20 years and a referendum on a united Ireland. 'One thing we can say with certainty is there is going to be a referendum on the future, the Irish Government doesn't want it, the British Government doesn't want it, unionists don't want it but there is going to be the day when people will vote for the future,' he said. 'Our responsibility, and for everyone who is concerned about the future, need to be part of the conversation well in advance of that vote. Whether it is about public services, health services, the economy, flags, emblems, taking all of those issues and trying to find solutions to them that allows everyone to be comfortable in the new Ireland. 'You rarely get the opportunity to write the future, and we now have that opportunity and its contained in the Good Friday Agreement.' 'I do know that there will be a united Ireland so whether it happens the day after I die or a couple of years before then. 'It is not inevitable, the forces against it are quite strong but if we work at it. 'If we continue to do the sensible, intelligent things that we have been trying to do, then – although I would love to live in a united Ireland – it matters little to me whether it happens after I die or before it. To be able to say in my own heart to say, 'I played a part in bringing that about', that'll do me.' Mr Adams was speaking ahead of an Feile An Phobail arts event this weekend to mark the anniversary. He will take part in a discussion alongside Mr Walsh, chaired by Sinn Fein Galway TD Mairead Farrell, at the Balmoral Hotel in Belfast on Saturday.

South Wales Argus
10 hours ago
- South Wales Argus
Adams: It's a regret that end to armed campaign took decades to bring about
The former Sinn Fein president also voiced regret that it took so long to come, suggesting the UK Government was focused on 'defeating republicanism'. He also said he regretted the number of lives lost during the Troubles as he reflected on the upcoming 20th anniversary of the IRA statement. The IRA formally ended its 35-year paramilitary campaign on July 28 2005 when former republican prisoner Seanna Walsh read a statement. Graffiti on a wall in west Belfast at the time of the Provisional IRA's announcement (Paul Faith/PA) While a number of ceasefires had been announced and collapsed since 1994, the 2005 statement saw the start of the decommissioning of weapons. The statement said that members had been instructed to use exclusively peaceful means, and not to engage in any other activities whatsoever. Mr Adams described the move as seismic, and an 'indication of confidence' by 'all the IRA' and not just its leadership. 'The statement came after there had been some sort of internal process, a huge vote of confidence in people,' he said. 'It took decades for it to be put together. 'You have to go back to Father Alec Reid, Father Des Wilson, myself, John Hume and the endeavour to put together an alternative to armed struggle. 'It took all that time to do that, but that's what the IRA said in its statement, that they believed there was now a peaceful way to pursue republican and democratic objectives, and ordered its volunteers to not be engaged in any other activity whatsoever, and authorised contact with the International Commission on Decommissioning. 'It took decades and one of my regrets is that it took so long. In my humble opinion it took so long because the two governments, particularly the British government, only sought peace on its terms, which meant defeat the IRA, it meant defeat republicanism and that doesn't work, our people are resolute.' Gerry Adams, centre, with Martin McGuiness of Sinn Fein, right, and SDLP leader John Hume after talks in Downing Street (Fiona Hanson/PA) He added: 'The proof of it is that 20 years later the IRA isn't a feature. Some may want to make it a feature, invent, fabricate and so on, but that's the proof of it.' Asked whether he felt the IRA should issue an apology for all the lives lost by their actions, Mr Adam pointed to a statement in 2002 on the anniversary of Bloody Friday, a series of bombs across Belfast which claimed nine lives. It included an offer of 'sincere apologies and condolences' to the families of all 'non combatants' killed or injured by IRA actions. 'I think in fairness that the record will show that the IRA leadership have apologised on a number of occasions about specific incidents or operations which it was involved in, particularly around the issue of civilian casualties or fatalities,' he said. 'One of the big regrets that I have is that so many people were killed, and particularly people who weren't involved and particularly children, that's a real concern. 'I say that from a community and a family which lost loved ones in the course of all of this.' However, Mr Adams added that while he thinks it is important to look back over the last 20 years, it is also important to look forward to the next 20 years and a referendum on a united Ireland. 'One thing we can say with certainty is there is going to be a referendum on the future, the Irish Government doesn't want it, the British Government doesn't want it, unionists don't want it but there is going to be the day when people will vote for the future,' he said. 'Our responsibility, and for everyone who is concerned about the future, need to be part of the conversation well in advance of that vote. Whether it is about public services, health services, the economy, flags, emblems, taking all of those issues and trying to find solutions to them that allows everyone to be comfortable in the new Ireland. 'You rarely get the opportunity to write the future, and we now have that opportunity and its contained in the Good Friday Agreement.' 'I do know that there will be a united Ireland so whether it happens the day after I die or a couple of years before then. 'It is not inevitable, the forces against it are quite strong but if we work at it. 'If we continue to do the sensible, intelligent things that we have been trying to do, then – although I would love to live in a united Ireland – it matters little to me whether it happens after I die or before it. To be able to say in my own heart to say, 'I played a part in bringing that about', that'll do me.' Mr Adams was speaking ahead of an Feile An Phobail arts event this weekend to mark the anniversary. He will take part in a discussion alongside Mr Walsh, chaired by Sinn Fein Galway TD Mairead Farrell, at the Balmoral Hotel in Belfast on Saturday.