TD's super junior ministers challenge seeks 'unprecedented' intervention of judiciary, court told
Rossa Fanning made the argument in presenting the State's defence to Pa Daly's case, which opened before a three-judge divisional court on Monday.
Mr Fanning said the court should resist the Sinn Féin TD's attempt to have the judiciary involve itself in a 'political contest being played as an away fixture down at the Four Courts'.
Mr Daly's case claims the appointment of super junior ministers is 'completely anti-democratic', and is a breach of various provisions of Bunreacht na hÉireann.
Mr Daly, Sinn Féin leader Mary Lou McDonald and Sinn Féin finance spokesman Pearse Doherty were present in court on Monday morning.
'Ministers of State attending Cabinet', or super junior ministers, are appointed by the Government on the nomination of the Taoiseach. They participate at Government meetings but do not vote.
Pa Daly, Sinn Féin leader Mary Lou McDonald and Pearse Doherty outside the Four Courts in Dublin this morning. Picture: Collins Courts
Opening Mr Daly's case Feichín McDonagh SC said super junior ministers meet and act as a 'collective authority' with other senior government members, in breach of the constitution.
Counsel opened to the court Article 28 of the Constitution, which limits the number of government members to 15, including the Taoiseach, and provides that they meet and act as a collective authority.
Under the current scenario, there are 'extra individuals' – super junior ministers – who are present in the Cabinet room taking a full role in the formulation of Government policy, Mr McDonagh said.
Every decision taken by the Government with these extra individuals in attendance has been formulated in breach of Article 28 of the Constitution, Mr McDonagh said.
He said their case is not challenging a particular Government decision based on the legal points raised – but some other litigant could, which is a danger and possible problem, Mr McDonagh said.
Their case is trying to ensure the Government complies with the Constitution, Mr McDonagh said.
Counsel said the Attorney General attends Cabinet meetings to provide legal advice, and the secretary general takes meeting minutes, but they do not act collectively with the members of Government.
Pa Daly. His case claims the appointment of super junior ministers is 'completely anti-democratic'. Photo: Leah Farrell/©RollingNews.ie
Rossa Fanning, for the State respondents, said the court should resist Mr Daly's case, which attempts to have the judiciary involve itself in a 'political contest being played as an away fixture down at the Four Courts'.
Mr Fanning said the case's key question was whether the Constitution forbids the regular attendance by ministers of state at Government meetings, whilst simultaneously allowing the attendance of the secretary general, attorney general, and limited attendance of other ministers.
'Plainly, the answer to that question is the Constitution does nothing of the kind,' he said.
Mr Fanning said their case is because there is no Constitutional regulation of who attends Cabinet meetings, who attends is a matter exclusively for the Government itself.
Mr Fanning submitted that even if the court disagrees with this, for Mr Daly's case to succeed, he must prove the Government's 'clear disregard' of the Constitution.
Mr Fanning said the practice of ministers of state attending Cabinet meetings has been ratified and recognised multiple times by members of the Oireachtas.
This arises from legislation passed, initially in 2001, providing for allowances to be paid to those ministers.
Earlier, Mr McDonagh said this allowance 'is neither here nor there' when addressing the legal issues raised by their case.
Mr Fanning submitted that Cabinet meetings are only one element of Government decision-making, and cannot be looked at artificially in isolation of the other parts of that process. He noted the role of Cabinet Committees in the process, and other people and organisations that can influence a decision.
The idea that ministers of state must be hermetically sealed away from the formation of policy is completely unreal, he said.
Mr Fanning said Mr McDonagh was advancing an 'unprecedented' argument, by positing that the attendance of additional people at a Cabinet meeting invalidates a consensus decision of the 15 senior government ministers.
Mr Fanning said Mr Daly's side were seeking to reverse engineer an interpretation of the Constitution to suit their case.
The case continues, and is expected to run until Wednesday at the latest.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RTÉ News
an hour ago
- RTÉ News
Who are the potential runners and riders in the race for the Áras?
The presidential election campaign has not yet caught fire, although flames are slowly being sparked. President Michael D Higgins' 14-year term ends on 11 November, with a date in late October mooted for polling day. The race is likely to pick up speed in autumn, leading to a short but intense campaign period. Here we look some of the potential runners and riders for the 2025 Presidential Election. Catherine Connolly Independent TD Catherine Connolly is highly expected to formally declare her candidacy for the Áras tomorrow. She has been steadily garnering support from left-leaning parties and TDs, already receiving the backing of the Social Democrats, while People Before Profit's two TDs also set to row in behind the Galway West TD. The former Leas-Ceann Comhairle has the backing of 12 Social Democrats, including Eoin Hayes, as well as the two People Before Profit TDs. Independent TDs Charles Ward, Seamus Healy and Brian Stanley have also confirmed they will nominate her. She is expected to easily surpass the 20 nominations threshold of support from Oireachtas members which is required. Labour Party The question remains whether other left-leaning Dáil parties, particularly the Labour Party, will row behind Ms Connolly and support her as a combined left contender. For Ms Connolly and Labour, it may be a case of letting bygones be bygones. Ms Connolly resigned from the party after she was denied her wish to contest the Galway West constituency as a running mate of President Higgins in the 2007 General Election. Ms Connolly was critical of Labour during the party's time in government, and once claimed the party had "lost its soul". This afternoon, Ms Connolly held a meeting with Labour's parliamentary party to set out her stall. Labour has also been exploring the prospect of running its own candidate, and has opened a two-week consultation period. On 31 July, the party will discuss the consultation and will then decide on its approach to the election. Sinn Féin For Sinn Féin, it is undecided if it will select its own candidate or support the united left-wing nomination. First Minister of Northern Ireland Michelle O'Neill is seen as many as an ideal frontrunner for the party, however, intrigue was created when Mary Lou McDonald recently refused to rule herself out of the contest. Ms McDonald has repeatedly said that Sinn Féin is considering its options when it comes to this year's election and that an internal process is under way, with a decision to be arrived at in a few weeks. The party has the electoral numbers to nominate its own candidate, and Belfast lawyer and MP John Finucane is also often touted as a potential runner. While former leader Gerry Adams could also be considered by the party, given he would be such a high-profile candidate on the ballot. Aontú and the Green Party One left-leaning party which likely will not be backing Catherine Connolly's nomination is Aontú, with party leader Peadar Tóibín saying it was important that other types of voices were in the contest. He added that he had spoken to two potential candidates and other Oireachtas members in order to build consensus. He said there was a danger that a contest solely between Ms Connolly and Fine Gael candidate Mairead McGuinness would mean that a section of the population did not have their values reflected in the debate. Asked whether Independent Ireland MEP Ciaran Mulloolly was one of the two people he spoke to, Mr Tóibín said that while he had spoken to the MEP, he was not suggesting him as a candidate. Green Party leader Roderic O'Gorman said his party is open to a conversation with Ms Connolly about whether her vision aligns with Green values. But he said no decision had been made yet as to who the party might back in the election. Fine Gael MEP Sean Kelly ruled himself out last week, paving the way for Ms McGuinness to be the party's only candidate. However, her candidacy will not be ratified until a party event in early September, leading many to believe Ms McGuinness will seek to avoid the public spotlight as much as possible over the summer months. But she is still expected to crisscross the country canvassing for votes. Fianna Fáil Fianna Fáil has not run a presidential candidate since 1997, when its candidate Mary McAleese topped the poll, and the party is still undecided whether to enter this year's contest. The party is still considering its options, and while Taoiseach and party leader Micheál Martin's name has been floated as a potential candidate, he is said to prefer to remain in his current role. If Fianna Fáil is to run a candidate, names linked to the party include former TDs Peter Power and Mary Hanafin. Ms Hanafin is on the record saying she would love the opportunity to run for president as Fianna Fáil's candidate and that she had spoken to Mr Martin about her desire to run. Two current Fianna Fáil MEPs have also been strongly linked to potentially representing the party – Billy Kelleher and Cynthia Ní Mhurchú. Former SDLP leader Colum Eastwood has said he is considering entering the race to become the next president, and had been mooted by some as potentially representing Fianna Fáil. However, Mr Martin said he was surprised to hear Mr Eastwood's name linked to the party, adding he was not aware of any engagement with the Foyle MP. Other names being touted It is understood that businessman Declan Ganley could soon throw his hat into the race. Mr Ganley, who founded the short-lived Libertas party in 2009, is understood to have been actively canvassing various independent TDs and senators looking for their backing. Dr Mike Ryan of the World Health Organization is another name linked with the presidency. 2018 candidate Peter Casey has declared an interest in running. His most likely path to the ballot paper would require the support of local authorities. However, this would likely prove to be very difficult given the local authorities are controlled by the three major parties. but he is also highly unlikely to be given the nod. Of course, it is still very much early days in this race and a slew of other hopefuls could still emerge over the coming weeks in hope of becoming Ireland's 10th Úachtarán na hÉireann.
The Journal
an hour ago
- The Journal
Sinn Féin's mix up over who owns Supervalu put down to 'human error'
MIXING UP THE owners of Supervalu during a Dáil debate last week has been put down to 'human error' by Sinn Féin. During a debate on the cost-of-living and rising food prices, Sinn Féin's finance spokesman Pearse Doherty and a number of other Sinn Féin TDs stated that United Natural Foods Inc rather than the Irish Musgrave Group own the supermarket chain Supervalu. Doherty told the Dáil that 'United Natural Foods Inc., the owners of SuperValu, saw its stock price rise by 60 per cent in the last year'. Sinn Féin's Máire Devine and Paul Donnelly also noted that 'SuperValu's stock by nearly 61 per cent' and had a 'turnover exceeding €5 billion for the first time, with profits of €104 million'. So, what happened? Sinn Féin has put it down to 'human error' due to a search by Sinn Féin staff into Google Finance turning up a 'Supervalu' company based in the US being owned by United Natural Foods Inc. Google Finance is a search tool that provides real-time stock market prices. Advertisement However, the Musgrave Group, which owns Supervalu in Ireland, is not a publicly listed company and is in fact a family-owned business. It therefore would not feature on a Google Finance search. It is understood that when Supervalu was put into the search it stated that United Natural Foods Inc had bought Supervalu, however, beneath the headline it clarified that the 'Supervalu' in question is an American company, not an Irish company. 'We should have caught it ourselves,' said a source in Sinn Féin. However they argued that the point being made in the Dáil during the debate still stands as supermarkets are seeing their profits increasing since the pandemic. According to Musgrave's annual report for 2023, published last year, the group reached €5 billion in turnover for the first time. Meanwhile profit after tax for the year reached €103.9 million. Musgrave's report stated that of the €6.5 billion that came in with retail sales, €3.5 billion came from SuperValu stores. The cost-of-living crisis and rising costs featured during today's Leaders' Questions debate today, where Taoiseach Micheál Martin acknowledged that prices remain 'elevated'. Musgrave's has been contacted for comment by The Journal. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Times
an hour ago
- Irish Times
Focus in Budget 2026 has to be on transforming infrastructure, Martin says
The Government's focus in the next budget has to be on transforming infrastructure, Taoiseach Micheál Martin has said as Sinn Féin insisted a cost-of-living package had to be included. Such a package has been ruled out in advance of Budget 2026 in October, including payments that have benefited the average worker by €1,000. In the Dáil Mr Martin said there would be supports in the budget but said the focus 'quite simply has to be on transforming our infrastructure'. Challenging the Government's budget stance, Sinn Féin leader Mary Lou McDonald said the Taoiseach was 'doubling down' on the removal of support payments 'for struggling households at a time when living costs are through the roof'. READ MORE Irish households are paying 30 per cent more than the EU average for electricity each year , almost €350 extra, recent Eurostat data shows. The ESRI said it was difficult to explain such a difference. The Government proposes to cancel the 'very help they desperately need' in energy credits as part of a cost-of-living package in the budget, Ms McDonald said. 'People are being fleeced now today, when they open their electricity or gas bill, when they get to the checkout with the weekly shop, when they go to fill the car, and when they go to buy basic toiletries like toothpaste or shampoo,' she said. Mr Martin acknowledged that prices are 'relatively elevated' following the peak of inflation and that Ireland has the third lowest rate of inflation in the EU. He said the Government had done a lot and 'more than any other European government' in terms of cushioning and trying to reduce the impact of cost-of-living increases on people. This included extending the VAT reduction to 9 per cent on electricity and gas, which will save households €70 for gas and €55 for electricity. Mr Martin said there will be a significant increase in the number of people eligible for the fuel allowance in September and that the carers support grant increased to €2,000 in January, benefiting 138,000 people. He said from June women can receive HRT free of charge. [ Why are food prices going up? Who is profiting and what can be done about it? Opens in new window ] He also pointed to the back-to-school clothing and footwear allowance, the free schoolbook scheme and the free hot meals scheme in primary schools. 'We have to be prudent,' he said. 'We have to be cautious and careful in terms of the resources that we have. And I know everybody wants us to spend billions, but that is not open to us.' He said 'we will be spending a lot. There won't be any austerity in itself but there has to be some degree of caution because the situation could change' he said, in reference to the threat of US president Donald Trump's 30 per cent tariff .
