Irish TDs Awarded Costs in Challenge to ‘Super Junior’ Minister Roles

Dublin, Ireland – Two Irish TDs, Patrick ‘Pa’ Daly of Sinn Féin and Paul Murphy of People Before Profit–Solidarity, have been awarded 50% of their legal costs following their unsuccessful High Court challenge regarding the attendance of “super junior” ministers at Government meetings. The ruling, delivered on Friday, March 6, 2026, acknowledges the public and constitutional importance of the issues raised by the TDs.

Constitutional Challenge and Court Ruling

The TDs argued that Article 28 of Bunreacht na hÉireann (the Irish Constitution) limits the number of Government members to 15, and that the participation of super junior ministers in Cabinet meetings contravenes this constitutional limit. In December, the High Court had previously ruled that the attendance and participation of junior ministers did not breach the Constitution.

Despite the unsuccessful challenge, the three-judge court – comprised of Judge David Barniville, Judge Siobhán Phelan, and Judge Conleth Bradley – determined that the case presented “one of the rare and exceptional circumstances” warranting a partial cost award to the unsuccessful litigants. The court cited the systemic importance and novelty of the constitutional issues involved.

Justification for Cost Award

The judges emphasized that the cases brought by Deputies Daly and Murphy clarified an key legal and constitutional issue concerning the role of super junior ministers. They noted that the proceedings addressed Government decision-making processes that had not been fully examined by the courts before, and involved “unchartered constitutional terrain.” The court as well considered the fact that High Court President Judge Barniville convened a three-judge divisional court, indicating the perceived importance of the case.

The court referenced precedents where losing litigants were awarded costs, stating that the TDs’ cases had “real substance” and served the public interest by seeking clarification on fundamental constitutional matters. The judges highlighted that there were diverging academic views on the issues raised, further justifying the cost award.

Role of Super Junior Ministers

Ministers of State, often referred to as “super junior” ministers, are appointed by the Government on the nomination of the Taoiseach (Irish Prime Minister). They participate in Government meetings but do not have voting rights.

Potential Appeal

Deputies Daly and Murphy retain the option to seek permission to appeal the High Court’s judgment to a higher court.