A joint submission from all the Opposition parties and Independent TDs has argued there is no precedent for the decision by Ceann Comhairle Verona Murphy to recognise an “opposition” technical group which includes four members who support the new Government.
The move by the four Independent TDs has sparked a backlash from Opposition parties, who do not want to share speaking time with them as they took part in government formation talks and are expected to vote with Fianna Fáil and Fine Gael.
The seven-page submission was a rare co-operation by the combined Opposition with backing from Sinn Féin, Labour, the Social Democrats, Independent Ireland, People Before Profit, the Green Party and other Independent TDs. The only Opposition party not backing the document was Aontú, which forms part of the proposed technical group which has been the cause of the political controversy.
It was published on Tuesday afternoon in response to Ms Murphy’s decision to recognise a technical group which contains three members of the Regional Independents Group (RIG) – Michael Lowry, Barry Heneghan and Gillian Toole – and Kerry TD Danny Healy-Rae. Another five members of the group will be appointed as ministers of state this week, in return for the entire group supporting the coalition, led by Fianna Fáil and Fine Gael, for the entirety of itsterm.
The submission argued that the Standing Orders of the Dáil (the rules which govern its operation and procedures) frequently describe technical groups as “members in opposition”. The document has further contended – and has said its view is supported by two separate legal opinions sought by Sinn Féin and by Labour – that Standing Order 170 has a requirement that a technical group be formed from the opposition benches of the Dáil.
It has challenged the view of Ms Murphy that there is a “precedent” for such an arrangement. In her letter to the 174 TDs on Friday, the Ceann Comhairle cited as a similar example the Independent Alliance, which was in government between 2016 to 2020, and also Fianna Fáil, which had a confidence and supply arrangement with Fine Gael during the same Dáil term.
However, the submission has said that the opportunity to form a technical group never arose for the Independent Alliance in 2016 because the minimum number required at the time was seven, which it did not have.
With regards to Fianna Fáil in 2016, the joint submission has also rejected any suggestion that it provided a precedent, on the basis that neither Fianna Fáil nor some of its members ever became a part of that government.
The submission stated that in order for the Ceann Comhairle to be satisfied that three of the Regional Independent TDs should be permitted to form part of a technical group, she would need to be satisfied that they are “members in opposition”.
It has continued: “The lead negotiator on behalf of the Regional Independent Group, who now wishes to be recognised as a member in opposition, has publicly stated that the group would ‘support the next government on the good days and the bad days’.”
Independent TDs supporting the government will be allowed to speak from the opposition benches on Wednesday when the Dáil meets to elect a taoiseach, but the decision only applies on a temporary basis.
With the row over Dáil speaking time rumbling on, and threatening to overshadow Micheál Martin’s expected election as taoiseach for a second time, Sinn Féin criticised what it says is a move to prevent its leader, Mary Lou McDonald, from speaking in the House if she is nominated as taoiseach on Wednesday.
Ms Murphy told the Dáil’s business committee on Tuesday that when the Dáil meets to elect a taoiseach, speaking time will be allocated on a temporary basis and that a final decision on the controversial matter will not be made until after a government is formed.
Ms Murphy had told the business committee she may seek further legal advice following receipt of the submission.
The business committee was also informed that the Dáil will not meet again until February 5th.
Social Democrats acting leader Cian O’Callaghan said this decision showed a “complete lack of urgency by the incoming government”.
People Before Profit leader Richard Boyd Barrett said: “We’re talking three months since the Dáil was dissolved, that is really not on.”
“Constituents are breathing down our neck to raise issues and we’re not going to have an opportunity to raise issues and ask questions of government,” he said.
Labour Party whip Duncan Smith said there was no reason for the Dáil not to sit next week.
“The election was nearly two months ago and the direction of travel in terms of the composition of the incoming government has been clear since before Christmas. We should be up and running next week.
“In context of the unresolved issue of the Regional Group’s speaking rights, this further delay will only serve to deepen people’s suspicion that this Government will bring back the bad old days of how politics is done.”
Ms McDonald spoke to Ms Murphy on Tuesday evening as Sinn Féin sought to build pressure for its leader to be allowed speak following her anticipated nomination for taoiseach.
A spokesman for the party said it expected Wednesday’s Dáil session to be “very fractious” and that Ms McDonald and the Ceann Comhairle had a “very direct conversation” on “government plans to block her from speaking ... and the responsibility of the Ceann Comhairle to vindicate the rights of individual members”.
On the planned resumption of the Dáil on February 5th, the Sinn Féin spokesman said it was “entirely unacceptable” that the house would not sit next week and that the new government needed to be held accountable to the Dáil.
“This is another dangerous precedent from the government on how they want to manage the 34th Dáil”.
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