Dublin South-West TD Paul Murphy has said that it would be a good idea to call Leo Varadkar as a witness for an injunction he is seeking against the appointment of super junior ministers but that he will speak to his lawyers first.
The People Before Profit TD has applied to the High Court to stop them from attending Cabinet.
It follows a similar action by Sinn Féin TD, Pa Daly, who has been granted permission by the court to take his legal challenge.
Mr Murphy referenced an article by the former taoiseach in the Sunday Times recently, in which Mr Varadkar suggested a referendum was required to increase the number of Cabinet ministers.
The Constitution permits a minimum of seven and a maximum of 15 senior ministers.
Deputy Murphy said: "Leo Varadkar gave the game away the week before last in The Sunday Times where he spoke openly, wrote openly, about the addition of super juniors being to get around the rule of 15.
"And this, you know, speaks volumes about the approach of the government, which is to say, rules are not for us, they're for you, and we will simply try to get around those rules."
Asked why he did not seek an injunction 10 years ago, Mr Murphy said if he had a time machine, he would go back and do so.
