A Kerry TD has confirmed he’s taking a High Court action over the attendance of super-junior ministers at Cabinet which he believes is unconstitutional.
Sinn Féin deputy Pa Daly applied to the High Court today for what was described as a ‘very urgent’ hearing of an application to allow him take his case.
Deputy Pa Daly’s case relates to the presence of three so-called super-junior ministers’ presences at Cabinet - Fine Gael’s Hildegarde Naughton, and Regional Independents Seán Canney and Noel Grealish.
He wants the court to declare that their attendance at Cabinet is unconstitutional.
The case hinges on article 28.1 of Bunreacht na hÉireann which states 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 also requires the maintenance of strict confidentiality regarding discussions at meetings of the Government except where the High Court determines that disclosure should be made.
The practice of appointing super-junior ministers - ministers of state who attend Cabinet meetings but have no voting rights has been in place since 1994, and legislation is in place for this. Super-junior ministers and other ministers of state are appointed directly by the Government, on the nomination of the Taoiseach.
Government ministers - also known as senior or cabinet ministers - are appointed by the President on the advice of the Taoiseach and with the approval beforehand of the Dáil.
Deputy Daly's action is against the Taoiseach, Government, Attorney General and Ireland.
The Sinn Féin spokesperson for climate, environment, energy and transport was allowed to file his legal papers with the High Court.
Ms Justice Mary Rose Gearty said she will hear his ‘leave’ application tomorrow.
