There is “long standing precedent” which allows Independent TDs who have agreed to support the Government and are not a minister get speaking time and ask questions from the Opposition benches, the Ceann Comhairle has said.
In a letter to TDs on Friday night, Verona Murphy said she received the advice from the Houses of the Oireachtas Service.
A row has broken out in recent days over a bid to boost Dáil speaking rights for some Independents who are supporting the incoming government and want to be part of a technical group, prompting outrage from the Opposition.
Independent TDs Michael Lowry, Gillian Toole, Barry Heneghan and Danny Healy-Rae have argued this is permitted on the basis that they are not formally part of the Government.
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Speaking after the Dáil’s business committee met on Thursday, Sinn Féin’s Pádraig Mac Lochlainn said “you can’t have your cake and eat it”.
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In her letter, the Ceann Comhairle said she was advised that “a non-party member who is not a minister or minister of State, and has agreed to support government”, is eligible to be part of a technical group in accordance with Dáil standing orders.
“I am advised that there is long standing precedent to support this position,” Ms Murphy said. “One need only recall the many non-party members that openly supported previous governments and were part of technical groups without objection.”
The Ceann Comhairle also cited the confidence and supply agreement in 2016, when Fianna Fáil supported Fine Gael and was “still considered the main Opposition party”.
Ms Murphy said to exclude an Independent TD who is not a senior or junior minister from a technical group would require an amendment to standing orders, which are dealt with by the Committee on Standing Orders and Dáil Reform.
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“I am advised that the Ceann Comhairle is bound by the standing orders and I neither have autonomy nor jurisdiction to unilaterally amend them,” she added.
Ms Murphy said if TDs did not agree with the advice, they should send a submission to her with “whatever alternative process you believe should be applied, to include supporting legal advice, where same has been procured”.
“Pursuant to receipt of any submission, I will carefully consider the points raised and take any necessary further advice from the Office of Parliamentary Legal Advisers,” she said.
“I would be grateful to receive your submissions by close of business on Wednesday, January 22nd 2025.
“Finally, I am very anxious to ensure that this matter is considered thoroughly and transparently, in this regard whatever your view I look forward to hearing from you.”
Sinn Féin’s Pádraig Mac Lochlainn said the Ceann Comhairle’s letter would be “strongly challenged”.
Mr Mac Lochlainn said TDs with agreement to support Government “can’t sit in Opposition” and his party would be getting independent legal advice.
The Donegal TD said he would be talking to Opposition whips on Saturday.
Speaking on RTÉ radio, Independent TD Marian Harkin, who is set to be a junior minister in the new government, said the situation with the other Independents was “evolving” and it was “very difficult to know exactly how it is going to work” regarding speaking time.
“Each of them were elected as Independent non party TD’s,” she said. “They will not be part of Government. They will not have influence on Government decisions as part of Government.
“It is something that needs to be worked out. We should be able to find a solution to this unique situation that has presented itself. But having said that it is really important to say that there is precedent there. The Ceann Comhairle is acting on precedent and to me that is what she must do and we await any further legal advice there might be.”
The Sligo-Leitrim TD also said that she understood that Dublin Bay North TD Barry Heneghan would be assistant whip of the regional technical group.
“It is not a Government role. It is not a paid role. It is just a role that he will have within the group,” she added.
The Dáil will return on Wednesday for the first time in 2025, when Fianna Fáil leader Micheál Martin is set to be nominated for Taoiseach.
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