The High Court has begun hearing a constitutional challenge against the attendance and participation of so-called “Super Junior Ministers” at government meetings.

The challenge was brought by Sinn Féin TD Pa Daly, who claims the practice of appointing such Ministers of State is “deeply problematic and unconstitutional.”

Article 28 of the Irish Constitution specifies that the Government shall consist of no less than seven and no more than fifteen members.

Over the past few decades, so-called Super Junior Ministers have been allowed to attend meetings of the government, and the issue for the court to decide is whether their attendance and participation in meetings around the formulation of government policy is constitutional.

Lawyers for Deputy Daly argue it is not.

This government has four Super Juniors: Hildegarde Naughton (Fine Gael), Mary Butler (Fianna Fáil), and two members of the Regional Independents Group, Seán Canney and Noel Grealish.

Counsel for Deputy Daly told the court the constitution doesn’t provide for what he labelled as “add-ons.”

He said Super Juniors don’t hold cabinet office but are paid an additional allowance and participate in policy discussions, which he argued is inconsistent with the Constitution’s intent.

The case is being closely watched, as any ruling could have implications for future cabinet appointments and how government business is conducted.

The hearing continues.

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