Sinn Féin leader will consider rejection of 'super-juniors' case over Christmas 

Mary Lou McDonald was reacting to the High Court's decision on challenges brought by People Before Profit TD Paul Murphy and Sinn Féin TD Pa Daly

People Before Profit TD Paul Murphy, Sinn Féin leader Mary Lou McDonald, and Sinn Féin TD Pa Daly outside the High Court in Dublin. Picture: Collins Courts

Sinn Féin leader Mary Lou McDonald has said that her party will decide on next steps over Christmas after the High Court rejected a legal challenge to the standing of so-called super-junior ministers.

Sinn Féin TD Pa Daly and People Before Profit TD Paul Murphy had brought a case which claimed that in facilitating more non-Government ministers of state at Cabinet, the Government is “acting contrary” to the 15-person limit and to the “expressed wish of the people of Ireland”.

Senior Government ministers are appointed by the President on the advice of the Taoiseach and with the prior approval of Dáil Éireann.

“Ministers of state attending Cabinet”, who are colloquially known as super juniors, are appointed by the Government on the nomination of the Taoiseach. They participate at Government meetings but do not vote.

Government members are bound by constitutional obligations of confidentiality at Government meetings, while, Mr Daly alleged, “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”.

Argument rejected 'in its entirety'

The three-judge panel rejected the argument “in its entirety” and found that there was no breach of Article 28 of the Constitution.

The judgment says that the court is “satisfied that the invitation by the Taoiseach to the relevant Ministers of State does not infringe any constitutional provision, express or implied, in relation to the taking of decisions by the members of the Government”.

“We have also found that the attendance and participation of persons, other than the 15 members of the Government (including the Taoiseach), at the meeting of the Government does not undermine, lessen or diminish the decision taken by the constitutionally appointed members of the Government. 

“Any such decision is still taken by the members of the Government.

“In our view, there is simply no basis, and no evidence, for suggesting that the presence, and participation of the relevant Ministers of State at a Government meeting constitutionally detracts from the decision-making of those members of the Government.”

Speaking at the Four Courts, Ms McDonald said that the party would consider its next steps over Christmas, while Mr Murphy said that the judgment effectively allowed an unlimited number of TDs to sit at Cabinet.