Daly v An Taoiseach & Ors (Approved) [2025] IEHC 729 (19 December 2025)

Daly v An Taoiseach & Ors (Approved) [2025] IEHC 729 (19 December 2025)

The Court held that the Constitution does not prohibit the attendance or participation of Ministers of State at meetings of the Government, provided they are not members of the Government and do not have a vote. The numerical restriction in Article 28.1 applies to formal membership, not to attendance. There is no constitutional impediment to the Oireachtas providing for allowances for such attendance. The practice does not infringe collective responsibility or cabinet confidentiality, and the relevant statutory provisions are not unconstitutional.

Citation
[2025] IEHC 729
Parties
Applicant: Patrick Daly; Respondents: An Taoiseach, Government of Ireland, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
19 December 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Cabinet Composition, Ministers of State, Government Meetings, Constitutional Interpretation, Cabinet Confidentiality, Collective Responsibility
Constitutional Law Administrative Law Cabinet Composition Ministers of State Government Meetings Constitutional Interpretation Cabinet Confidentiality Collective Responsibility

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Parties

Patrick Daly

Applicant

An Taoiseach, Government of Ireland, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the regular attendance and participation of Ministers of State at meetings of the Government is unconstitutional under Articles 6, 13.2, 28.1, 28.4.1°, 28.4.2°, and 28.4.3° of the Constitution
  2. 2 Whether s. 3A of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998, as amended, is unconstitutional insofar as it provides for payment to Ministers of State attending Government meetings

Ratio Decidendi

The Court held that the Constitution does not prohibit the attendance or participation of Ministers of State at meetings of the Government, provided they are not members of the Government and do not have a vote. The numerical restriction in Article 28.1 applies to formal membership, not to attendance. There is no constitutional impediment to the Oireachtas providing for allowances for such attendance. The practice does not infringe collective responsibility or cabinet confidentiality, and the relevant statutory provisions are not unconstitutional.

Court Disposition

Application refused

Orders

  • Application for judicial review refused
  • No declaration of unconstitutionality granted