The High Court has allowed Kerry TD Pa Daly to take a case against the government’s appointment of super junior ministers to cabinet.
Sinn Féin deputy Pa Daly had applied to the High Court for an urgent hearing of an application to allow him to take his case.
He has been granted leave for the case to proceed and it has been listed for next Tuesday.
Deputy Pa Daly’s case relates to the presence of three so-called super junior ministers at Cabinet - Fine Gael’s Hildegarde Naughton, and Regional Independents Seán Canney and Noel Grealish.
He wants the court to declare that their attendance at Cabinet is unconstitutional.
Bunreacht na hÉireann states the government shall consist of no less than seven and no more than 15 members, who shall be appointed by the president.
Deputy Daly says Fianna Fáil and Fine Gael have increased the cabinet to nineteen by the backdoor with the attendance of super junior ministers, who also have advisors and powers to bring forward proposals.
Ms Justice Mary Rose Gearty has now granted leave for this case to go ahead; it’s being taken against the Taoiseach, government, and Attorney General.
Deputy Daly has thanked the judge for hearing his application so quickly, and granting leave for it to proceed.
He says he hopes there will be a full hearing as quickly as possible and that there is legal clarity on the matter once and for all.
The case is next listed for hearing on Tuesday.