Supreme Court hears appeal over super junior ministers at Cabinet
Sinn Féin TD Pa Daly and People Before Profit TD Paul Murphy challenged the attendance of super junior ministers at Cabinet meetings, claiming it breaches Article 28 of the Constitution which limits government members to 15. A three-judge High Court dismissed their challenges in December 2025, ruling there was no constitutional breach, and awarded them 50 per cent of their legal costs. The Supreme Court, sitting as a seven-judge panel, heard the appeal over three days from 21 to 23 October 2026, with the Attorney General arguing the appeals were fundamentally flawed and the appellants saying the practice undermines accountability. The Supreme Court reserved its judgment on 23 October 2026.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court21 Oct
4 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Pa Daly and Paul Murphy challenged the attendance of super junior ministers at Cabinet meetings, claiming only Government ministers can attend and that the practice breaches Cabinet confidentiality.
- When
- The Supreme Court heard the appeal over three days from 21 to 23 October 2026.
- Where
- The appeal was heard before a seven-judge Supreme Court.
- In court
- A three-judge High Court comprising president David Barniville and judges Siobhán Phelan and Conleth Brady dismissed the challenges in December 2025, ruling there was no breach of the Constitution.
- The TDs were awarded 50 per cent of their legal costs against the State.
- The Supreme Court reserved its judgment on 23 October 2026.
- Other details
- The practice of super junior ministers attending Cabinet began in 1994.
- Ministers of state attending Cabinet are appointed by the government on the nomination of the Taoiseach and do not vote.
- The Attorney General argued the appeals were fundamentally flawed and that the Constitution does not state in terms that the Taoiseach must chair Cabinet meetings.
- Pa Daly and Sinn Féin leader Mary Lou McDonald said the appeal was about accountability.
27 statements extracted from the articles
- whenThe Supreme Court heard arguments on Wednesday. (irishtimes.com)
- whenThe appeal continues on Thursday. (irishtimes.com)
- chargePa Daly and Paul Murphy claim only Government ministers can attend Cabinet meetings. (rte.ie)
- chargeThey claim the attendance of others breached Cabinet confidentiality. (rte.ie)
- courtThe Supreme Court has begun hearing an appeal over super junior ministers attending Cabinet meetings. (rte.ie)
- courtThe High Court dismissed their challenges in December, ruling there was no breach of the Constitution. (rte.ie)
- courtThe appellants were given leave to appeal to the Supreme Court. (rte.ie)
- courtA three-judge High Court last December dismissed the challenges. (irishtimes.com)
- courtThe High Court comprised court president David Barniville and judges Siobhán Phelan and Conleth Brady. (irishtimes.com)
- courtA three-judge High Court dismissed the challenges last December. (irishtimes.com)
- courtThe TDs were awarded 50% of their legal costs against the State. (irishtimes.com)
- courtThe TDs argued that article 28 of Bunreacht na hÉireann limits the number of government members to 15. (irishtimes.com)
- courtFanning told a seven-judge Supreme Court the case concerns whether the regular attendance of four ministers of state at meetings of Government constitutes a breach of the Constitution. (irishtimes.com)
- courtThe Supreme Court reserved its judgment in the super junior ministers appeal. (rte.ie)
- courtThe appellants were unsuccessful in lower courts before bringing the appeal to the Supreme Court. (rte.ie)
- courtThe appeal was heard before a seven-judge court. (rte.ie)
- otherPaul Murphy said the current practice by the Government breaches the Constitution. (rte.ie)
- otherThe TDs were awarded 50 per cent of their legal costs against the State. (irishtimes.com)
- otherThe TDs argue article 28 of Bunreacht na hÉireann limits the number of government members to 15. (irishtimes.com)
- otherSuper junior ministers participate in government meetings but do not vote. (irishtimes.com)
- otherMinisters of state attending cabinet are appointed by the government on the nomination of the taoiseach and do not vote. (irishtimes.com)
- otherPaul Murphy argued the practice was inconsistent with Article 28 of the Constitution of Ireland. (rte.ie)
- otherThe practice of super junior ministers attending Cabinet began in 1994. (rte.ie)
- otherThe appellants argued that government decisions taken with super juniors at Cabinet since 1994 were unlawful but were not challenging any specific decision. (rte.ie)
- otherThe Attorney General argued the line at which additional attendees cause Cabinet to lose its essential characteristics had not been crossed. (rte.ie)
- otherThe Attorney General said the Constitution does not state in terms that the Taoiseach must chair Cabinet meetings. (rte.ie)
- otherPa Daly and Sinn Féin leader Mary Lou McDonald said the appeal was about accountability. (rte.ie)
The reporting
newest first- 23 Oct2026Supreme Court reserves judgment in 'super junior' appeal
The Supreme Court has reserved its judgment after the third day of the appeal hearing, with the Attorney General and appellants' counsel having completed their submissions.
accused, Pa Daly, male, named, irish (judged from name)Pa Dalyaccused, Paul Murphy, male, named, irish (judged from name)Paul Murphy - 22 Oct2026Appeals over super junior ministers at Cabinet ‘fundamentally flawed’, Supreme Court hears
Details of AG Rossa Fanning's submissions at the Supreme Court, including his argument that the appeals conflate attending Cabinet with being a government minister and that ministers of state are 'not decision makers', plus the composition of the seven-judge panel and the fact the hearing continues on Friday.
suspect, Pa Daly, male, named, irish (judged from name)Pa Dalysuspect, Paul Murphy, male, named, irish (judged from name)Paul Murphy - 21 Oct2026Supreme Court appeal opens in row over super junior ministers attending at cabinet
Reports the opening of the Supreme Court hearing with detailed arguments from both sides, identifies the seven-judge panel, and notes the TDs were awarded 50 per cent of their legal costs by the High Court.
accused, Pa Daly, male, named, irish (judged from name)Pa Dalyaccused, Paul Murphy, male, named, irish (judged from name)Paul Murphy - 21 Oct2026Court hears appeal over super junior ministers at Cabinet
Supreme Court begins hearing the appeal; High Court had previously dismissed the challenge in December ruling no breach of the Constitution, and the appellants were given leave to appeal.
accused, Pa Daly, male, named, irish (judged from name)Pa Dalyaccused, Paul Murphy, male, named, irish (judged from name)Paul Murphy