A Sinn Féin TD has secured High Court permission to pursue his case alleging the appointment of super-junior ministers is “completely anti-democratic”.
Ms Justice Mary Rose Gearty granted leave, allowing Patrick “Pa” Daly to continue with his judicial review, after she was satisfied he surmounted the “relatively low” threshold of demonstrating he has an “arguable” case.
The Kerry TD’s case points to article 28 of the Constitution, which limits the number of government members to 15, including the Taoiseach.
In facilitating more non-Government Ministers of State sitting at Cabinet, the Government is “acting contrary” to the 15-person limit and to the “expressed wish of the people of Ireland”, he claims.
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He says the current practice appears to be “completely anti-democratic” and that politicians wishing to increase the size of government should do so via a referendum.
The recently appointed super juniors are Fine Gael’s Hildegarde Naughton and Regional Independent Group members Seán Canney and Noel Grealish. Fianna Fáil’s Mary Butler is also a Minister of State attending cabinet in addition to being the Government’s Chief Whip.
The case will return to court next Tuesday, by which point Mr Daly should have notified the respondents: the Taoiseach, the Government, Attorney General and Ireland.
Mr Daly’s lawyers, Feichín McDonagh and Brendan Hennessy, instructed by Rogers Law solicitors, told the court they also intended to write to the affected Ministers of State to see if they wish to be joined as “notice parties”.
Are 'super-juniors' unconstitutional? With Fintan O'Toole
Are super-junior ministers allowed under the terms of the constitution? Sinn Fein TD Pa Daly this week launched a legal challenge against their use, just days after former taoiseach Leo Varadkar wrote a frank newspaper column about the necessity for these appointments. The panel also examines Sinn Féin's recent minor cabinet reshuffle and the party's strategic shift towards a more aggressive form of opposition.
Senior government ministers are appointed by the President of Ireland on the advice of the Taoiseach and with the prior approval of Dáil Éireann. “Ministers of State attending Cabinet” are appointed by the Government on the nomination of the Taoiseach. They participate at government meetings but do not vote.
Mr Daly’s case also alleges the use of public funds to provide an allowance to ministers of State is inconsistent with the Constitution.
He cites various constitutional provisions, including article 28.3, which stipulates that the confidentiality of discussions at government meetings “shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter”.
Government members are bound by obligations of confidentiality at government meetings, while “ministers of State who are not members of the government are not so bound and the Constitution does not contemplate their attendance on a regular basis or at all”, Mr Daly alleges.
He is asking the High Court to declare that the super juniors’ attendance at government meetings is unconstitutional.
He wants a further declaration holding that sections of the Oireachtas and Ministerial, Parliamentary, Judicial and Court Officers (Amendment) Act of 1998 and the Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act of 2001 are invalid by reference to the Constitution.
In an affidavit to the court, he says he understands that the first time a minister of State other than the chief whip attended cabinet was Pat Rabbitte in the “rainbow coalition” of Fine Gael, Labour and Democratic Left in 1994.
He says the practice has continued to date by every incoming government and has caused him concern.
He points to Michael Lowry, convener for the Regional Independents, having told The Irish Times earlier this month that “the two super junior ministers Seán Canney and Noel Grealish ... will sit at the Cabinet table, will have access to all Cabinet papers, contribute to Cabinet, and Seán will attend all of the leaders’ meetings on our behalf”.
Mr Daly says the comments “suggest there will be an ongoing and clear disregard for Cabinet confidentiality and the collective responsibility of Government”.
He further quotes from a Sunday Times column written by Leo Varadkar over the weekend. The former taoiseach said: “Politicians are hamstrung by our Constitution which limits the number of senior ministers to 15 ... When I was taoiseach, I tried to get around the ‘rule of 15’ by creating three super-junior ministries with real and clearly defined responsibilities.”
Mr Daly says this “frank admission of one of the highest officeholders in the State” is “very disturbing”.
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