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Fianna Fail leader and Taoiseach Michéal Martin with Fine Gael party leader and Tanaiste Simon Harris lead new Junior Ministers to the Courtyard in Government Buildings.

Opinion 'Super junior' ministers represent the pragmatic avoidance of a divisive referendum

FINN Partners Ireland’s Andrew Dunne examines whether the Constitution should be amended to reflect the growing number of Dáil ministries needed in 2025.

POLITICIANS, THE LAST people on earth the general public typically want to give more money, cars or status to. Yet, there is an emerging, unpopular imperative for a referendum to expand the number of Cabinet posts outlined in the constitution beyond the existing 15 senior ministries.

In reality, ‘super junior’ posts are pragmatic legislative workaround that enable coalition governments to work smoothly, giving junior partners a voice if not a vote at cabinet levels.

They are also a tool to deal with the reality that our Government has dramatically expanded in competencies and expenditure in the last 100 years — the world we live in and the policy challenges we face are also infinitely more complex.

Constitutional considerations

Article 28 of the 1937 Constitution states that the government “shall consist of not less than seven and not more than 15 members who shall be appointed by the president”.
The practice of super junior ministers dates back to 1994 with the ‘Rainbow Coalition’ allowing Pat Rabbitte to sit at Cabinet, while Ministers of State as a concept were implemented on January 1st 1978.

Sinn Féin’s challenge to the constitutionality of super juniors does bring about an uncomfortable debate, if it is successful, it is one that is likely to give momentum to a referendum on expanding the number of full cabinet members.

As we all know, referendums on complex questions are often turned into a mechanism to give Western governments a bloody nose. The Irish electorate would be inclined to take full advantage of such an opportunity, if the recent referendums on care in the home and the definitions of family or anything to go by.

Yet, there is a strong case to be made that 15 Cabinet posts are inadequate, leading to nonsensical outcomes.

Bloated portfolios

Take for example the role of Simon Harris in the new Government; Tánaiste, Minister for Foreign Affairs and Trade and Minister for Defence. Jim O’Callaghan is Minister for Justice, Home Affairs and Migration — it doesn’t take a sharp memory to recall how Minister Helen McEntee’s time in Justice was frequently overshadowed by immigration issues.

That was when Roderic O’Gorman was responsible for the Integration portfolio, on top of Children, Equality, Disability and Youth — both enough for its own standalone Department. The complexity of a rapid increase in asylum arrivals last year highlighted the difficulties presented in maintaining a humane migration policy in the absence of adequate focus from Cabinet. The response was broadly reactive.

In reality, Home Affairs and Migration should have its own joint Department, like most of our neighbours, also working collaboratively with Defence to finally see the implementation of the increasingly vital proposed National Security Strategy.

Defence itself is also likely to become a larger Department in the coming years as defence procurement increases in pace on this island and Europe moves towards a more unified approach on defence policy. Much of the threats we face are non-conventional and require the cultivation of institutional knowledge, alongside the development of national education in defence policy and societal resilience.

Defence is also a key policy area given priority under the current EU Commission, Ireland’s shortfalls in this capacity are subject to increasing scrutiny from our partners. A full-time post would demonstrate a commitment to our shared European security.

A Department for Digitalisation will likely be needed in the near future in order to take full advantage of AI in public services, digital currency and to aid in the rollout of digital efficiencies across the civil service.

The rollout of Digital Health Records is a particularly urgent need which requires additional political momentum at Cabinet level, alongside the support of the Minister for Health. The expanding power of big tech in the West will also pose opportunities and challenges to a nation which boasts the European HQs of most big tech players — Ireland has a key role in balancing its power whilst also harnessing its competitive advantages.

The separation of Public Expenditure from Finance in recent years, which is likely to be maintained in order to ensure balanced coalition building, has also strained the capacity of government.

European Affairs should also be its own post, given the complexities of the Foreign Affairs brief in a world that is becoming increasingly chaotic and predatory. It should operate with an implicit subservience to Foreign Affairs as does the Public Expenditure brief to Finance.

The bottom line

Cabinet positions come with privilege, perks and power, but they are also jobs with enormous responsibility. When run well, Departments serve the needs of society. There are certain portfolios expanded to levels which guarantee the neglect of vital policy areas, even with Ministers of State in a supporting role.

The world of 2025 is drastically different to that of 1937. Accordingly, the constitution should be amended through referendum to allow for 20 full Cabinet posts, they should not be filled immediately, but in the coming decades when the world we inhabit today will feel far smaller and simpler, with a new world full of new technologies and policy challenges we cannot fully anticipate.

Andrew Dunne is a Public Affairs and Strategic Communications Professional at FINN Partners Ireland, dealing with issues involving trade, healthcare, governance, tech and corporate communications.

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