TD Paul Murphy seeks court injunction against appointment of “super-junior” ministers

Dublin South-West TD Paul Murphy applied to the High Court to challenge the recent appointment of “super-junior” ministers and limit their power within the new government.

On Wednesday, the opposition TD from People Before Profit announced he sought an injunction to restrain super-junior ministers’ attendance to Cabinet meetings, as he believes it to be inconsistent with Articles 6, 13 and 28 of the Irish constitution.

Following general provisions about the government in Articles 6 and 13, Article 28 establishes that the government “shall consist of not less than seven and not more than fifteen members.”

According to Deputy Murphy, the appointment of 23 Ministers of State, and more specifically three super-junior Ministers of State who can attend government meetings, is a way to get around constitutional rule.

His proceedings against the Taoiseach, the Government, Ireland and the Attorney General were filed this week through the High Court.

This is the second legal challenge brought against the new government’s appointment of super-junior ministers, following similar action taken by Sinn Féin TD and former justice spokesperson Pa Daly last week.

Deputy Murphy is represented in his legal proceedings by Feichín McDonagh SC, with barristers Brendan Hennessy and Paul Gunning and instructed by KM Solicitors LLP.

Along his High Court injunction, he is seeking a court declaration that government decisions taken at Cabinet meetings attended by super-juniors since their formal appointment on January 23 were unconstitutional.

He also questioned the allowance paid to super-junior ministers and would like a further court declaration that legislation ruling such payment is not consistent with the Irish constitution.