Case No. 4266Constitutional challenge (Cabinet composition) · Co. Dublin
High Court dismisses Opposition TDs' challenge over super junior ministers at Cabinet
The High Court dismissed constitutional challenges brought by Sinn Féin TD Pa Daly and People Before Profit-Solidarity TD Paul Murphy, ruling that the attendance of 'super junior' ministers at Cabinet meetings does not breach Article 28 of the Constitution. An appeal directly to the Supreme Court is expected.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court2 Dec
2 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports16 statements extracted from the articles
- courtThe High Court will give judgment later this month on the two actions. (irishtimes.com)
- courtThe three-judge court's ruling is due on December 19th. (irishtimes.com)
- courtThe Attorney General argued that who attends Cabinet is an issue exclusively for the Government. (irishtimes.com)
- courtThe TDs' lawyers argued that article 28 of the Constitution limits the Government to 15 members, including the Taoiseach. (irishtimes.com)
- courtMr Murphy sought injunctions to stop the attendance of the superjunior minister at Cabinet. (irishtimes.com)
- courtMr Daly also challenged the legislation permitting an allowance to be paid to the superjuniors. (irishtimes.com)
- courtFormer superjunior minister Finian McGrath said he was treated as a full minister at government meetings. (irishtimes.com)
- courtThe hearing of both cases concluded on July 11th and judgment was reserved. (irishtimes.com)
- courtThe TDs argued Article 28 limits government members to 15. (irishtimes.com)
- courtA three-judge High Court delivered the judgment on Friday. (irishtimes.com)
- courtThe court held the Constitution does not restrict Cabinet attendance to the 15 members of Government. (irishtimes.com)
- courtDecisions taken by Cabinet are ultimately controlled by the 15 members. (irishtimes.com)
- courtAn appeal directly to the Supreme Court is expected. (irishtimes.com)
- courtThe obligation of Cabinet confidentiality applies to those attending meetings, not just the 15 members. (irishtimes.com)
- courtPreparation of Cabinet memos is controlled solely by the 15 members of Government. (irishtimes.com)
- otherSuper junior ministers participate in Government meetings but do not vote. (irishtimes.com)
The reporting
newest first- 19 Dec2025Opposition TDs lose legal challenge over ‘super junior’ ministers sitting at Cabinet
Three-judge High Court ruled that super junior ministers' attendance at Cabinet does not breach the Constitution; the TDs are considering an appeal to the Supreme Court.
victim, Pa Daly, male, irish (judged from name)Pa Dalyvictim, Paul Murphy, male, irish (judged from name)Paul Murphy - 2 Dec2025Court to rule this month on challenges over superjunior ministers’ Cabinet attendance
Preview of the High Court judgment due on 19 December, setting out the arguments made at the hearing and the pending ruling.