SINN Fein TD Pa Daly has been granted High Court permission to take legal action alleging the attendance of super junior ministers to Cabinet meetings is unconstitutional.
Ms Justice Mary Rose Gearty granted leave to the Kerry TD, meaning he can pursue his case after she was satisfied that he surmounted the “relatively low” bar of showing that he had an arguable case and that it had a prospect of success.
Senior counsel Feichin McDonagh previously told the court that the application for leave to seek judicial review is over the appointment of super junior ministers who attended meetings of the Cabinet.
He told Justice Gearty that Mr Daly wants declarations that their attendance breaches the constitution.
Mr Daly points out 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.
Mr McDonagh said the papers submitted to the court raise “important issues”.
Justice Gearty said that the bar for granting leave is “relatively low and not insurmountable”.
She said that the case is one that is arguable and has a prospect of success.
She told the High Court on Wednesday: “I think you have surmounted that obstacle and I grant you leave to seek relief.”
The case will come before the court next Tuesday, after the respondents, including the Taoiseach, the Government and the Attorney General have been notified.
Mr McDonagh said that the papers will be served at the Oireachtas on Wednesday.
‘NEXT STAGE’
He also told the court that he will write individually to each super junior minister to ask if they want to join as a notice party or be joined to the respondents.
Speaking outside the High Court in Dublin, Mr Daly said: “First of all I would like to thank Judge Gearty for taking the case, and hearing it so soon.
“I’m glad that she got to hear the arguments we had to make and she has granted us leave to take the case to the next stage.
“Over the last 15 to 20 years, there has been an increase in the number of super junior ministers appointed and if you listen to the comments that were made by former taoiseach Leo Varadkar over the weekend, these super junior ministers have full access to Cabinet papers and to memos and treated equally at Government talks.
THREE SEPARATE HEADINGS
“So it is the view of an increasing number of people that this may be contrary to certain sections of the Articles of the Constitution.
“I hope that the case proceed along with the same speed as has been shown to it to date.”
There are three separate headings in the pleadings, including the number of people attending Cabinet meetings.
He said there is an issue of cabinet confidentiality as well as an issue of expenses and allowances paid to super junior ministers.
Asked if Mr Varadkar’s comments will bolster his case, Mr Daly said: “I don’t think they were unhelpful.”
Mr Daly also said it will be “interesting” to see the arguments put forward by the Government about the practice of super junior ministers attending Cabinet meetings.
