Court must avoid judiciary being dragged into super juniors ‘political contest'
On Monday afternoon, the Attorney General (AG) Rossa Fanning told the court that the Constitution does not forbid the attendance of super junior ministers while simultaneously allowing the attendance of the Secretary General and the AG.
Attorney General Rossa Fanning (Niall Carson/PA)
Mr Fanning, SC for the Government, said Mr Daly is asking the court to write in a new constitutional provisional that is 'simply not contained' in the text.
He claimed that Mr Daly is asking the court to enter the 'political thicket' and to intervene in the inner workings of Government.
He said that the court ought to resist the applicant's attempt to have the judiciary involved in a political contest being 'played as an away fixture down in the Four Courts'.
'These proceedings are misconceived in a number of respects but there is one fundamental error on which they are premised,' Mr Fanning added.
'The error that affects this case is that he wrongfully conflates the attendance of government meetings with being a government minister on the other.
'The two concepts are entirely distinct. There is a significant difference in legal statutory powers and functions of government ministers on one hand and ministers of state on the other.'
He added that statutory powers are delegated to ministers of state, and that the delegation is subject to the government ministers, which means, he added, that ministers of state remain under the supervision of senior ministers.
He added that the invitation of super junior ministers to Cabinet meetings is underpinned by legislation, and that Cabinet meetings are one element of government decision making.
He added that government policy is not formed at Cabinet in any 'real sense' .
'It is the last stop in the government chain,' he added.
Earlier the court was told that super junior ministers are acting as a 'collective authority' with ministers at Cabinet, in breach of the constitution.
Sinn Fein leader Mary Lou McDonald and Donegal TD Pearse Doherty were in court on Monday alongside Mr Daly.
Mr Daly argues that Article 28 of the Constitution of Ireland limits the number of government members to 15.
Sinn Féin are here today to challenge Fianna Fáil and Fine Gael blatant stroke politics. We believe they are playing fast and loose with the Constitution to grease the wheels of their grubby deal with Michael Lowry and load the Cabinet with so-called 'Super Junior' Ministers. Pa… pic.twitter.com/JYTGyWUzGJ
— Mary Lou McDonald (@MaryLouMcDonald) July 7, 2025
The super junior ministers appointed include Fine Gael's Hildegarde Naughton, as well as Independents Sean Canney and Noel Grealish.
Fianna Fail's Mary Butler is also a minister of state attending Cabinet.
Senior government ministers are appointed by the president of Ireland on the advice of the taoiseach of the day, and with the approval of the Dail.
Super junior ministers are appointed by the government on the nomination of the taoiseach.
Feichin McDonagh SC told the three judges that the legal basis of their appointment was exactly the same as the other ministers of state who do not attend Cabinet.
He added that there is no legal basis for the appointment for 'ministers of state who regularly attend Cabinet'.
'That creature simply does not exist under legislation,' he added.
He said he has queried with the respondents about what exactly is a minister of state who regularly attends government meetings.
'One would have thought following exchange of meetings there might be some consensus, but there does not appear to be a consensus,' Mr McDonagh said.
He told the court it was not possible to address the issues unless the court knows what a super minister is.
'The designation of super junior by taoiseach was in some way an exercise of executive power of the state,' he added.
He said it is suggested in the respondent's affidavit that there is an office called minister of state who regularly attends government, which Mr McDonagh said does not exist.
He added that a decision to pay an allowance to super juniors does not change that position.
'Four super juniors now get an allowance and we challenge the provisions in that legislation to allow that,' he added.
'There is minister of state who is told by taoiseach they can regularly attend government (meetings) and if they come into that category they get 16,000 euro a year.
'But it is not an office, not enacted under the constitution and there is no underpinning to suggest that the office is being created.'
He also queried the meaning behind the words under Article 4.1, in which it states that the Government shall meet and act as a collective authority.
'What does collective authority do? They meet and with the others (ministers) they collectively act. Who is acting collectively? It is the government along with the super junior ministers,' Mr McDonagh added.
'There will be government decisions taken and government acting collectively.
'In that scenario there are extra individuals who are there present in the counsel of chamber. They are taking a full role in the formulation and formation of government policy, thereby acting as a collective authority and there is no dispute between the parties as to that being what is happening.
'The government is formulating policy and taking countless decisions and undoubtedly purporting to act as a collective authority.
'You cannot unscramble that egg. If you have government meeting with super juniors speaking to perspective government decisions and a consensus is arrived at, that decision is no less than a government decision than one that has been voted on.
'That decision is arrived at following a process of mixing yolks to getting into scramble egg and that cannot be unscrambled.'
Earlier, Ms McDonald said the Government has broken the rules.
Speaking outside court, Ms McDonald said: 'This is a challenge to a Government who we believe have played fast and loose with the Constitution in a bid to secure a grubby deal with Michael Lowry and to retain office, Fianna Fail and Fine Gael, we believe are acting in defiance of the Constitution.
'There are four so-called super junior ministers who attend Cabinet. The Constitution, in our view, is very clear. The Cabinet amounts to 15 members, and we believe that the Government is breaking the rules.
'They've broken the rules because at all costs, Micheal Martin and Simon Harris wish to remain in government, so they cut this deal, as you know, with Michael Lowry, and we are here now to challenge that action and to seek clarity.'
Mr Daly brought the constitutional challenge against the Government in the High Court regarding the appointment of super junior ministers.
The case challenges what Mr Daly says is a 'deeply problematic and unconstitutional practice that has taken root in recent decades'.
He said: 'This case is a constitutional challenge aimed at protecting the integrity of our system of government under Bunreacht na hEireann with which Fianna Fail, Fine Gael and the Lowry-led Independents are playing fast and loose.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
South Wales Guardian
10 minutes ago
- South Wales Guardian
John Swinney: It's in Scotland's interest I meet Donald Trump
John Swinney said he had an 'obligation' to 'protect and promote' Scotland. He said there would be an opportunity during his meeting to discuss tariffs, Gaza and Ukraine. Mr Swinney will meet the Republican politician later this month when he is expected to visit his golf courses in Aberdeenshire and Ayrshire. Mr Trump will also meet Prime Minister Sir Keir Starmer in Aberdeen, he has said. Speaking during a visit to Rutherglen, the First Minister said Scots would expect him to meet a US president visiting Scotland. He told the PA news agency: 'I've taken a decision that's in Scotland's interest to meet with the president of the United States so that I can use every opportunity to protect and to promote the interests of the people of Scotland. 'There's obviously a range of issues that we can cover around the international situation that's causing such anxiety to people in Scotland, around the situation the Middle East, and the situation in Ukraine, and the domestic issues that are important to us around about the implications of, for example, trade and tariffs on some of our key sectors, including Scotch whisky. 'So I think people in Scotland would expect their First Minister to meet with the president of the United States to put forward Scotland's position.' Earlier this week, Mr Trump said he would go to Aberdeen, which he said was the 'oil capital of Europe'. 'They have so much oil there,' he said. 'They should get rid of the windmills and bring back the oil. '[Because] the windmills are really detrimental to the beauty of Scotland and every other place they go up.' Asked about those comments, Mr Swinney said he supported renewables in Scotland, which he said was key to the future of the country. He said: 'There's going to be different views expressed by different political leaders, and I'm a supporter of renewable energy. 'I think it's important that we use the opportunities that we have in Scotland to capture the natural and sustainable energy that surrounds us and it's all around us, and we should take those opportunities, which the Scottish Government has done in a sustainable way. 'We've got to protect the planet. We've got to protect our communities, and that's at the heart of the Government's agenda in Scotland.' The Scottish Greens, who were previously in Government with the SNP, have criticised the First Minister for his plans to meet the president. Co-leader Patrick Harvie said the meeting was 'tragic' and 'out of step with Scotland's values'. But Mr Swinney defended the decision, saying: 'The people of the United States have elected their president, and that's their choice, and he's coming to visit Scotland. 'And I think for me, my obligation of what members of the public would expect of their First Minister is for me to engage with the leader of the United States to protect and to promote the interests of Scotland.' On Wednesday, the Scottish Secretary also defended Mr Swinney's decision to meet Mr Trump, along with Sir Keir's decision, saying it was 'the right thing to do'. Ian Murray praised the Prime Minister for putting in a 'lot of effort' to 'cultivate' a relationship with the president. He said US tariffs and the situation in Ukraine could be on the agenda for the discussions. He said: 'At this stage we have no sight of what the president's programme is, but we do know the First Minister and the Prime Minister will meet him, and it is right for them both to do so.' He said the meetings were 'the right thing to do because those relationships are incredibly important in terms of our own national interest'. He added: 'We should make sure we are working very closely with our allies for the benefit of Scotland and the whole of the United Kingdom.'
Western Telegraph
13 minutes ago
- Western Telegraph
Ministers trying to drum up interest in Alexander Dennis orders, says Robison
The bus manufacturer is currently consulting on proposals to close operations in Scotland and move to a single site in Yorkshire due to financial concerns, with 400 jobs potentially at risk. Appearing before MSPs last month, Alexander Dennis managing director Paul Davies said the decision was not a 'done deal', but the company would need to see a significant rise in bus orders – between 70 and 100 by the end of the year and 300-400 next year – to remain open. In a letter to Colin Smyth, the convener of Holyrood's Economy and Fair Work Committee, Finance Secretary Shona Robison said the Government is committed to looking at 'all viable options' and ministers are working with private bus companies. The Finance Secretary has written to the Economy and Fair Work Committee (Jane Barlow/PA) 'I agree about the importance of securing a short-term pipeline of orders,' she said. 'Please be assured that we are therefore liaising with commercial bus operators and local transport authorities to establish the current demand for double-deck buses in Scotland and are working alongside UK Government to identify demand in other parts of the UK. 'I am in full agreement with you about the importance of Alexander Dennis to Scotland and of retaining the jobs of the highly-skilled workers. 'That is why we are continuing to work at pace with Scottish Enterprise and UK Government, and alongside the company and trade unions, to explore all viable options to support ADL to retain bus manufacturing in Scotland.' Alexander Dennis could close its operations in Scotland (Andrew Milligan/PA) Ms Robison also suggested ADL could be forced to pay back money it has been given by the Government's commercial arm Scottish Enterprise for skills and technological development, though it would be for the agency to decide how to proceed. The Finance Secretary also stressed the issues the Government faces due to UK-wide state aid regulations, which govern the level to which ministers can intervene in private businesses. She said the Subsidy Control Act does not allow for subsidies which enforce the use of domestically-made goods and services, which would hamper the Scottish Government's efforts to force bus firms to use Alexander Dennis. 'Scottish ministers and officials consistently make representation on the development of the subsidy control regime for the benefit of Scottish businesses,' she said. 'However, as this is a reserved matter, it is ultimately for UK Government to make the final decision on any changes to the regime.'
Leader Live
14 minutes ago
- Leader Live
Lammy hints at sanctions for Israeli minister over Gaza camp plans
David Lammy has condemned defence minister Israel Katz, who has reportedly put forward plans to move 600,000 Palestinians to a so-called 'humanitarian city' in Rafah, Gaza's now largely destroyed southern-most city. They would then be prevented from leaving, with the aim being to eventually move the entire population to the city. He told the Commons International Development Committee on Wednesday that 'no defence minister should be talking about effectively holding people, unable to leave, presumably, in the manner in which he described'. Asked whether Mr Katz would be sanctioned, as other Israeli ministers had been over comments inciting violence against Palestinians, Mr Lammy told the committee he could not comment on future sanctions. But he added: 'You will have heard my statement about Minister Katz and you will have heard my statements previously about ministers Smotrich and Ben-Gvir, and then the decision that I took.' The UK sanctioned Israeli national security minister Itamar Ben-Gvir and finance minister Bezalel Smotrich 'in their personal capacity' in June, citing their 'repeated incitement of violence against Palestinian civilians'. Prior to those sanctions, Mr Lammy had described comments by Mr Ben-Gvir and Mr Smotrich on Palestinian 'emigration' from Gaza as 'dangerous, extreme and totally wrong'. Australia, Canada, New Zealand and Norway also sanctioned the two men at the same time, but the decision brought criticism from US secretary of state Marco Rubio, who said it did not 'advance' efforts to secure a ceasefire. Last week, Mr Lammy told the Commons Foreign Affairs Committee that the Government could take further action against Israel if a ceasefire in Gaza was not achieved. On Wednesday, Mr Lammy also stressed the Government's opposition to the US-backed Gaza Humanitarian Foundation (GHF), which has replaced UN aid distribution centres with just four sites in militarised zones run by private security contractors. Hundreds of Palestinians are reported to have been killed or wounded while seeking aid at GHF sites. Mr Lammy told the International Development Committee the GHF system 'must not set a precedent' and was 'outwith of global norms and rules that we all signed up to after the Second World War' as he called for more aid trucks to be allowed into Gaza.
