Murphy v An Taoiseach & Ors (Approved) [2025] IEHC 730 (19 December 2025)

Murphy v An Taoiseach & Ors (Approved) [2025] IEHC 730 (19 December 2025)

The Court held that the Constitution does not prohibit the attendance of non-members, including Ministers of State, at meetings of the Government. The 15-member limit in Article 28.1 refers to formal membership and decision-making, not physical attendance. Super Junior Ministers do not have voting rights or formal...

Source-derived case information.

Citation
[2025] IEHC 730
Parties
Plaintiff: Paul Murphy; Defendants: An Taoiseach, Government of Ireland, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
19 December 2025
Procedural Posture
Plenary Proceedings (constitutional Challenge) / Final Judgment
Outcome
Plaintiff's claim dismissed in its entirety.
Legal Topics
Cabinet Confidentiality, Collective Responsibility, Government Composition, Ministers of State, Article 28 of the Constitution, Justiciability
Constitutional Law Administrative Law Cabinet Confidentiality Collective Responsibility Government Composition Ministers of State Article 28 of the Constitution Justiciability

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Parties

Paul Murphy

Plaintiff

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

Defendants

Procedural Posture

Plenary Proceedings (constitutional Challenge) / Final Judgment

Legal Issues

  1. 1 Whether the regular attendance and participation of Ministers of State ('Super Junior Ministers') at meetings of the Government breaches Article 28 of the Constitution and related provisions.
  2. 2 Whether such attendance undermines cabinet confidentiality and collective responsibility.
  3. 3 Whether the practice is justiciable.

Ratio Decidendi

The Court held that the Constitution does not prohibit the attendance of non-members, including Ministers of State, at meetings of the Government. The 15-member limit in Article 28.1 refers to formal membership and decision-making, not physical attendance. Super Junior Ministers do not have voting rights or formal decision-making roles, and their attendance does not breach cabinet confidentiality or collective responsibility. The practice is supported by statute and longstanding precedent. There is no clear disregard of the Constitution, and the internal management of Cabinet attendance is not justiciable in the absence of such disregard.

Court Disposition

Plaintiff's claim dismissed in its entirety.

Orders

  • Action dismissed.
  • No declaration of unconstitutionality granted.