Sinn Féin’s Pa Daly and People Before Profit-Solidary TD Paul Murphy intend to apply for legal costs incurred in their failed High Court challenge to the constitutionality of the practice of “super junior” ministers’ attendance at Government meetings.
The deputies brought separate but similar challenges arguing article 28 of Bunreacht na hÉireann limits the number of government members to 15 and that the attendance of super juniors goes against this.
A three-judge High Court, comprising the court president Mr Justice David Barniville, Ms Justice Siobhán Phelan and Mr Justice Conleth Bradley, in December held that no provision of the Constitution is breached by the attendance and participation of the junior ministers at Cabinet meetings.
It remains open to both TDs to seek permission to appeal the High Court’s judgment.
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Senior government ministers are appointed by the President of Ireland on the advice of the Taoiseach and with prior approval of Dáil Éireann.
Ministers of state attending Cabinet (or super junior ministers) are appointed by the Government on the nomination of the Taoiseach. Super junior ministers participate in Government meetings but do not vote.
On Thursday, Attorney General Rossa Fanning told the three judges that Mr Daly and Mr Murphy want to apply for their legal costs. Mr Fanning said he would be opposing this.
Mr Fanning suggested the case could be adjourned to allow the parties to compile submissions on the issue of costs. There was agreement for this among lawyers for Mr Daly and Mr Murphy.
Mr Justice Barniville said he would adjourn the case to a date in February.
