A Sinn Fein TD has taken legal action against the government over whether “super” junior ministerial roles are unconstitutional.
Kerry TD Pa Daly took action after three junior ministers were appointed last week who the government said would be attending Cabinet.
They are Fine Gael TD Hildegarde Naughton, who has responsibility for disability; the Regional Independents’ Noel Grealish, who has responsibility for food promotion, new markets, research and development; and the Regional Independents’ Sean Canney who has responsibility for international and road transport, rail and ports.
Under the constitution, a maximum of 15 senior ministers can be appointed.
Sinn Fein leader Mary Lou McDonald with the party’s front bench (Grainne Ni Aodha/PA)
Sinn Fein said its TD was challenging the appointment of “super” junior ministers after Fianna Fail and Fine Gael appointed “a record” number as part of a coalition deal with the Regional Independents.
“This afternoon, Sinn Fein TD Pa Daly initiated legal action in relation to the attendance of so-called ‘super junior ministers’ at government meetings,” Sinn Fein leader Mary Lou McDonald said.
“This follows last week’s decision by Fianna Fail and Fine Gael to appoint a record number of ‘super juniors’ as part of their grubby deal with Michael Lowry’s Regional Group.
“It is apparent that government is using the role of ‘super’ junior ministers as a work around the Constitution, which is very clear that government can consist of a maximum of 15 members.
“Government manoeuvres allow individuals to sit at the cabinet table and be treated as though they are government ministers enjoying all of the rights of a minister, save the ability to cast a vote.
“We believe that this is in contravention of the Constitution.
“The government motivation is not about delivering for people.
“It’s not about making government work better.
“It is about greasing the wheels of power.
“It smacks of arrogance and entitlement by those who believe that the rules don’t apply to them.
“We believe that it is now time for the courts to rule on this matter.”
Justice minister Jim O’Callaghan said he “would have thought” the government would contest the challenge.
“But if you can’t have super juniors at Cabinet, then you can’t have a constitutional basis for a Chief Whip. Would you say that the chief whip isn’t allowed either? I think we need to be practical in terms of what the constitution provides. It’s clear, you can only have 15 members of government. But that doesn’t mean that our junior ministers cannot attend Cabinet.
“The courts aren’t there to look at the Constitution as though it’s a trick or it’s a game. ‘Oh it says 15, you’ve got 18 there. They look at the substance of what’s happening.
“There are 15 seals of office handed out, the three super juniors are juniors, that’s what it says on the tin. They’re junior ministers, they’re not cabinet ministers.”