A SINN Fein TD has launched High Court proceedings alleging the attendance of “super-junior” ministers at Cabinet is unconstitutional.
Deputy Patrick Daly moved an initial application on Tuesday seeking a “very urgent” hearing of an application for permission to pursue his claims in court.
Ms Justice Mary Rose Gearty allowed him to file his legal papers with the High Court and said she will hear the “leave” application on Wednesday.
Feichin McDonagh, senior counsel for Mr Daly, told the court the case relates to the Government’s recent appointment of three “ministers of state” with rights at Cabinet.
He said the three non-government super juniors cannot vote at Cabinet but have all other rights.
The recently-appointed juniors, aside from the chief whip, are Fine Gael’s Hildegarde Naughton, and Regional Independents Sean Canney and Noel Grealish.
Mr Daly wants the court to declare that their attendance at Cabinet is unconstitutional, said Mr McDonagh, appearing with barristers Brendan Hennessy and John Biggins.
He said there is legislation that permits the taoiseach to appoint ministers of state, but his client argues the Constitution precludes this.
Mr Daly wants declarations related to the constitutionality of the super junior appointments and is not looking for strike-down orders “at the moment”.
He said the case raises “very serious issues”.
The Co Kerry representative’s action is against the Taoiseach, Government, Attorney General and Ireland, who have not yet had an opportunity to respond to the claims in court.
Article 28 of the Constitution stipulates that the government “shall consist of not less than seven and not more than 15 members who shall be appointed by the president”.
Article 28.4.3° of the Constitution requires the maintenance of strict confidentiality regarding discussions at meetings of the Government except where the High Court determines that disclosure should be made.
Government ministers are appointed by the president of Ireland on the advice of the taoiseach and with the prior approval of the Dail.
Ministers of state attending Cabinet are appointed directly by the government on the nomination of the taoiseach.
