High Court reserves judgment in TDs' constitutional challenge over super-junior ministers
Sinn Féin TD Pa Daly and People Before Profit-Solidarity TD Paul Murphy brought two High Court actions alleging that super-junior ministers' attendance at Government meetings is unconstitutional, citing Article 28 of the Constitution which limits Government members to 15. The case opened before a three-judge divisional court on 7 July 2025, with evidence from former ministers Shane Ross and Finian McGrath, and the Attorney General accepting that super-junior ministers are involved in decision-making at Cabinet with no constitutional basis. Paul Murphy seeks an injunction restraining super-junior ministers from attending Government meetings, while the State argued the cases seek unprecedented judicial intervention in executive matters. On 11 July 2025, High Court president Mr Justice David Barniville reserved judgment on behalf of the three-judge court.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court7 Jul
5 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Two Opposition TDs brought High Court actions alleging that super-junior ministers' attendance at Government meetings is unconstitutional.
- Article 28 of the Constitution limits the number of Government members to 15, including the Taoiseach, and provides that they meet and act as a collective authority.
- Super-junior ministers are appointed by the Government on the nomination of the Taoiseach and participate at Government meetings but do not vote.
- The Attorney General accepted that super-junior ministers are involved in discussion and decision-making at Government meetings with no constitutional basis.
- Where
- The cases were heard before a three-judge divisional court in the High Court, Dublin.
- When
- The case opened on 7 July 2025 and the High Court reserved judgment on 11 July 2025.
- In court
- The cases were brought by Sinn Féin TD Pa Daly and People Before Profit-Solidarity TD Paul Murphy against the Taoiseach, the Government, Ireland and the Attorney General.
- Paul Murphy seeks an injunction restraining super-junior ministers from attending Government meetings.
- High Court president Mr Justice David Barniville reserved judgment on behalf of the three-judge divisional court.
- Other details
- Former minister Shane Ross testified that super-junior ministers are treated identically to senior ministers at Government meetings and can influence decision-making.
- Former super-junior minister Finian McGrath testified he was treated as a full minister and on occasion blocked or amended cabinet decisions.
- The number of people attending cabinet has grown from 16 to 19 since 1994.
20 statements extracted from the articles
- whatThe Government accepts super-junior Ministers are involved in decision-making at Cabinet meetings with no constitutional basis (irishtimes.com)
- whatSuper-junior ministers are appointed by the government on the nomination of the taoiseach (irishtimes.com)
- whatSuper-junior ministers participate at government meetings but do not vote (irishtimes.com)
- whatArticle 28 limits the number of government members to 15, including the taoiseach (irishtimes.com)
- whatThe number of people attending cabinet has grown from 16 to 19 since 1994 (irishtimes.com)
- whatFinian McGrath served as minister of State for disability between 2016 and 2020 (irishtimes.com)
- whatMcGrath said he was encouraged by taoisigh Enda Kenny and Leo Varadkar to participate in cabinet debates (irishtimes.com)
- whatSecretary General John Callinan said super junior ministers cannot submit or present memorandums to Cabinet (irishtimes.com)
- courtThe case is expected to run until Wednesday at the latest. (irishtimes.com)
- courtThe action is against the Taoiseach, the Government, Ireland and the Attorney General (irishtimes.com)
- courtThe Attorney General accepted super-junior Ministers are involved in discussion and decision-making at Government meetings (irishtimes.com)
- courtThe case is sitting before a three-judge divisional court and continues (irishtimes.com)
- courtPaul Murphy seeks an injunction restraining super-junior Ministers from attending Government meetings (irishtimes.com)
- courtThe case is sitting before three High Court judges and continues (irishtimes.com)
- courtThe case is sitting before three judges with closing submissions expected the following day (irishtimes.com)
- courtThe High Court reserved judgment in two similar cases brought by Opposition TDs. (irishtimes.com)
- courtThe cases were brought by Sinn Féin TD Pa Daly and People Before Profit-Solidarity TD Paul Murphy. (irishtimes.com)
- courtHigh Court president Mr Justice David Barniville reserved judgment on behalf of the three-judge divisional court. (irishtimes.com)
- otherArticle 28 of the Constitution limits the number of government members to 15, including the Taoiseach. (irishtimes.com)
- otherShane Ross served as minister for transport, tourism and sport from 2016 to 2020 (irishtimes.com)
The reporting
newest first- 11 Jul2025High Court reserves judgment in TDs’ cases taken over super-junior ministers
First report of the High Court reserving judgment after hearing full submissions in both cases. The State's defence argued the cases rested on 'obscure distinctions' while the applicants' counsel cited evidence of active participation by super-junior ministers in Government deliberations.
victim, Pa Daly, male, irish (judged from name)Pa Dalyvictim, Paul Murphy, male, irish (judged from name)Paul Murphy - 11 Jul2025Ex-super junior treated as a ‘full minister’ despite status, High Court hears
Reports on Finian McGrath's evidence and cross-examination, Secretary General John Callinan's testimony, and expert witness evidence at the High Court hearing of Paul Murphy's action.
victim, Paul Murphy, male, irish (judged from name)Paul Murphyvictim, Pa Daly, male, irish (judged from name)Pa Daly - 9 Jul2025Super-juniors treated ‘identically’ to senior Ministers, ex-cabinet member Shane Ross tells High Court
Reports on Shane Ross's witness evidence at the High Court hearing, where he confirmed super-juniors were treated identically to senior ministers and could influence cabinet decisions, including one instance where a super-junior changed the government's mind by threatening to resign.
victim, Paul Murphy, male, irish (judged from name)Paul Murphy - 8 Jul2025Government accepts ‘super junior’ Ministers are involved in decision-making at Cabinet with no constitutional basis, court hears
Reports the arguments made at the hearing: the Attorney General accepted super-junior Ministers are involved in discussion and decision-making at Government meetings, while contending the case is a political challenge. The case continues before a three-judge divisional court.
victim, Pa Daly, male, irish (judged from name)Pa Dalyvictim, Paul Murphy, male, irish (judged from name)Paul Murphy - 7 Jul2025Sinn Féin TD’s legal challenge to ‘super junior’ ministers seeks ‘unprecedented’ intervention by judiciary, AG tells court
Covers the opening of Pa Daly's case on Monday 7 July 2025, with arguments from Feichín McDonagh SC for the applicant and Rossa Fanning for the State, and notes the case is expected to run until Wednesday at the latest.
victim, Pa Daly, male, irish (judged from name)Pa Daly