A Sinn Féin TD has launched legal action against the government as he alleges that attendance of ‘super junior’ ministers at cabinet meetings is unconstitutional.

Deputy Patrick ‘Pa’ Daly filed his legal papers over the matter with the High Court on Tuesday and a judge will hear the “leave” application on Wednesday. Three junior ministers were appointed last week who the government said will be attending Cabinet.

These are also known as ‘super junior’ ministers. While they have a seat at the table and attend meetings, they do not have a vote in them.

They are Fine Gael’s Hildegarde Naughton, and Regional Independents Noel Grealish and Sean Canney. Under the Constitution, a maximum of 15 senior ministers can be appointed.

Sinn Féin leader Mary Lou McDonald said the legal action comes after Fianna Fáil and Fine Gael appointed “a record number of so-called ‘super juniors’".

In a statement, she said: “It is apparent that government is using the role of 'Super Junior Ministers' as a workaround the Constitution, which is very clear that government can consist of a maximum of fifteen members.

“Government maneuvers allow individuals to sit at the cabinet table and be treated as though they are government ministers enjoying all of the rights of a minister, save the ability to cast a vote. We believe that this is in contravention of the Constitution.

“The government's motivation is not about delivering for people. It’s not about making government work better. It is about greasing the wheels of power.

"It smacks of arrogance and entitlement by those who believe that the rules don’t apply to them. We believe that it is now time for the courts to rule on this matter.”

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