Ceann Comhairle advised that pro-government independents can join Dáil opposition group

LAST UPDATE | 21 hrs ago

CEANN COMHAIRLE VERONA Murphy has been advised that Independent TDs who support the government yet want to be part of an opposition grouping can do so. 

The Dáil’s Business Committee, which is responsible for dealing with items of Dáil business including speaking rights, met on Thursday to consider the issue.

In a letter issued to TDs night from the Ceann Comhairle, Murphy noted that at Thursday’s meeting, “there was extensive discussion on the Standing Orders governing technical groups in the context of some members of one technical group having publicly undertaken to support the Government”.

At this committee meeting, members of the Regional Independents group said they wanted to create an opposition technical group despite some of its members pledging to support the potential new coalition.

A technical group must have five or more TDs to qualify for Dáil speaking rights.

Such speaking rights include the ability to raise issues with the Taoiseach during Leaders’ Questions, something not available to Government backbench TDs or independent TDs who are not part of a technical group.

However, some members of the Regional Independents group are set to become superior junior ministers or junior ministers and therefore cannot be part of an opposition technical group.

Independent TD Michael Lowry, who will support the government, outlined the proposal at the Business Committee meeting on Thursday.

Other TDs who have publicly stated they will be supporting the incoming Government are also part of the Regional Independents group include Gillian Toole, Danny Healy-Rae and Barry Heneghan.

It is argued that they can be part of a technical group and enjoy Dáil speaking rights because they are not formally part of the government.

The group will also include Independent Carol Nolan and Aontú members Peadar Tóibín and Paul Lawless, who are all members of the opposition.

‘Precedent’

In the letter issued last night, Ceann Comhairle Verona Murphy said she had been advised that Independent TDs who have agreed to support the government but are not Ministers or Ministers of state are “eligible to be part of a technical group”.

The letter added: “I am advised that there is long standing precedent to support this position.

“One need only recall the many non-party members that openly supported previous governments and were part of technical groups without objection.

“In 2016 the Fianna Fáil party entered into a Confidence and Supply agreement to support the Fine Gael government and was still considered the main opposition party.”

Murphy added that an amendment would be required to bar such Independent TDs from a technical group and that she has “neither autonomy nor jurisdiction to unilaterally amend them”.

The Ceann Comhairle said members who do not agree with the advice she has received must make a submission to her “by close of business on 22 January, outlining whatever alternative process they believe should be applied”.

“Further to receiving any submission, I will carefully consider the points raised and take any necessary further advice from the Office of Parliamentary Legal Advisers,” said Murphy.

Murphy herself is a member of the Regional Independents group and added that she is “very anxious to ensure that this matter is considered thoroughly and transparently”.

Advertisement

Marian Harkin is a member of the Regional Independent group but because she is due to take up a junior ministerial role, she cannot be part of the opposition technical group.  

‘Clarity not always easy’

Speaking today to RTÉ, she described the issue as “evolving” and remarked that the Ceann Comhairle is “acting without fear or favour”.

“It’s very difficult to know exactly how it is going to work, but each of them were elected as independent TDs.

“They will not be part of government, they will not have influence on government decisions as part of government.”

Harkin said “we should be able to find a solution to this unique situation that has presented itself” and remarked that the Ceann Comhairle is acting on “precedent”.

Meanwhile, it’s understood that Barry Heneghan, who is due to support the government but sit on the opposition benches, could be in line to become an assistant government whip.

Harkin said it is her “understanding that Barry’s role will be assistant whip, but assistant whip of the regional technical group” and that “it’s not a government role”.

When asked if members of the regional technical group will have privileged access to the National Development Plan, Harkin replied: “How privileged it will be remains to be seen.”

She added: “This a new situation, and clarity is not always easy in a situation like that and my understanding, and it may be flawed, is that there is access to the review of the NDP.

“How that impacts on what is happening now and on any new grouping has to be worked out, and it’s the standing orders of the Dáil that will decide on that.”

‘Issue needs a bit of thought’

Fine Gael is holding a series of regional meetings over the coming days and speaking prior to the first meeting last night, Taoiseach Simon Harris said the “issue of where people sit in Dáil needs a bit of clarification and thought”.

“I think if groups are in government, we need to look and see how the Dáil rules can accommodate that as well, and no doubt the Ceann Comhairle will make a decision on it,” said Harris.

He added: “The Regional Independents are a group in the Dáil, that’s their right.

“My understanding is there are members of that group who won’t be in the government.

“There’ll be some regional independents who’ll hold ministerial office, there’ll be other regional independents who will not hold ministerial office.

“This issue can be resolved, and the person who is in a position to resolve it is the Ceann Comhairle.”

Harris further remarked that it is the “Ceann Comhairle who runs the Dáil, not the government” and that he had “no doubt she will look at this issue in a way that works for everyone”.

‘Bizarre proposal’

Speaking earlier in the week, People Before Profit TD Paul Murphy described it as a “bizarre proposal that would undermine the capacity and effectiveness of the opposition in the Dáil”.

Sinn Féin TD Pádraig Mac Lochlainn has also been railing against the situation and said: “Michael Lowry stated that his group of Independent TDs would ‘support the next government on the good days and the bad days’, and now he and two other of those TDs want to be part of a Dáil Group in opposition to the government. You couldn’t make this up.” 

Labour’s Duncan Smith also criticised the proposal, saying “it absolutely beggars belief”. 

He said the Regional Independent Group members want to “run with the hare and hunt with the hound”. 

-With additional reporting from David MacRedmond

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
Learn More Support The Journal