Paul Murphy allowed to serve Taoiseach with legal papers seeking to injunct ‘super junior’ ministers

TD claims attendance of super junior ministers at Cabinet meetings is unconstitutional

Paul Murphy TD secured High Court permission to proceed with his challenge to 'super junior' ministers attending Cabinet meetings. Photograph: Stephen Collins/ Collins Photos
Paul Murphy TD secured High Court permission to proceed with his challenge to 'super junior' ministers attending Cabinet meetings. Photograph: Stephen Collins/ Collins Photos

The High Court has permitted People Before Profit-Solidarity TD Paul Murphy to serve the Taoiseach and Attorney General with his proceedings claiming “super junior” ministers’ attendance at Cabinet is unconstitutional.

Among the reliefs sought by Mr Murphy is an injunction restraining “Ministers of State attending Cabinet” from going to Government meetings.

Mr Murphy’s case claimsthe attendance and participation of these super junior ministers at Government meetings is inconsistent with the Constitution.

In a sworn statement to the court, Mr Murphy’s solicitor Patrick Kevans claimed the proceedings “raise issues of transcendent constitutional importance”.

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“It is imperative for the appropriate conduct of Government and compliance with the Constitution that the within proceedings be determined as a matter of urgency,” he says.

Mr Justice Brian Cregan on Tuesday allowed John Rogers SC, appearing with barrister Paul Gunning, for Mr Murphy, to serve the proceedings with short notice on the defendants in the case: the Taoiseach, the Government, Ireland and the Attorney General.

The application was made ex parte, meaning only the plaintiff was represented in court.

Mr Murphy’s action follows a similar case brought by Sinn Féin TD Patrick “Pa” Daly. His case alleges the appointment of super junior ministers is “completely anti-democratic”.

Mr Kevans said there are “significant distinctions” between the two actions.

Fine Gael’s Hildegarde Naughton, Regional Independent Group members Seán Canney and Noel Grealish, and Fianna Fáil’s Mary Butler are super junior ministers who attend Government meetings. Ms Butler is the Government’s chief whip.

Senior government ministers are appointed by the President of Ireland on the advice of the Taoiseach and with the prior approval of Dáil Éireann. Super junior ministers are appointed by the Government on the nomination of the Taoiseach.

Mr Murphy’s case claims the attendance of super junior ministers at Cabinet is inconsistent with Article 28 of Bunreacht na hÉireann, which stipulates – among other things – that the government shall consist of not more than 15 members.

The proceedings also raise questions regarding Cabinet confidentiality.

Mr Murphy’s case cites a Sunday Times article written by former taoiseach Leo Varadkar saying politicians are “hamstrung by our Constitution which limits the number of senior ministers to 15″. He wrote that he “tried to get around the ‘rule of 15′ by creating three super-junior ministries with real and clearly defined responsibilities”.

It also refers to comments made by Regional Independent Group member Michael Lowry, that were reported in The Irish Times saying: “The two super junior ministers Sean Canney and Noel Grealish, [...] will sit at the Cabinet table, will have access to all Cabinet papers, contribute at Cabinet, and Sean will attend all of the leaders’ meetings on our behalf.”

Mr Kevans said Mr Varadkar’s column and Mr Lowry’s comments suggest super junior ministers “fully participate in Government meetings in a very effective sense”. He described the use of super juniors as a “device” to “get around” the Constitution as “entirely inappropriate, unlawful, and unconstitutional”.

Mr Kevans noted “a number of very significant distinctions” between the cases of Mr Murphy and Mr Daly. He pushed back against the Chief State Solicitor’s Office’s suggestion that Mr Murphy should await the conclusion of Mr Daly’s proceedings before pursuing his action.

Mr Kevans said his client is seeking injunctive reliefs restraining the attendance of super junior ministers at Government meetings, whereas Mr Daly is seeking only declaratory reliefs.

Mr Justice Cregan adjourned the case to next week.

Fiachra Gallagher

Fiachra Gallagher

Fiachra Gallagher is an Irish Times journalist