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The High Court (sitting as a division of three judges) dismissed an action brought by a member of the Dáil challenging the regular attendance and participation of certain Ministers of State—commonly referred to as 'Super Junior Ministers'—at Government meetings. The plaintiff argued that such attendance breached constitutional provisions that limit the Government to 15 members and require collective responsibility and confidentiality. The court held that while only the constitutionally appointed 15 Government members hold decision-making power, the invitation of Super Junior Ministers to attend and participate in discussions does not constitute a breach of the Constitution. The court found a clear distinction between members of Government and Ministers of State in terms of appointment, voting rights, and accountability, and further held there was no violation of cabinet confidentiality or collective government responsibility. Consequently, all claims were dismissed.
Ministers of State – Super Junior Ministers – Cabinet meetings – Constitutional challenge – Collective responsibility – Cabinet confidentiality – Government formation – Decision-making process – Government accountability – Article 28 of the Constitution – Relief sought: declaration of unconstitutionality – Relief sought: injunction – Appointment procedures – Oireachtas (Allowances to Members) and Ministerial – Parliamentary – Judicial and Court Offices (Amendment) Act 1998 – Rules of the Superior Courts (RSC) – Dáil Éireann approval – Delegation of ministerial functions – Statutory framework for Ministers of State
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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