Independent TDs who support the new government but who are not coalition ministers are entitled to form an official grouping on the Dail’s opposition benches, the Ceann Comhairle has said.
Verona Murphy said under current standing orders that govern procedures in the Oireachtas, members of the Regional Independents group who are not government ministers or ministers of state would be able to be part of a technical group within the Dail.
In a letter to TDs on the chamber’s Business Committee, Mr Murphy said any change to the standing orders was not within her powers, and would instead have to be considered by the Committee on Standing Orders and Dail Reform.
The Ceann Comhairle shared the advice she had received on the issue amid a row over a bid by some Regional Independent TDs to form a technical group.
A recognised group has more speaking rights within the Dail chamber than an unaffiliated backbencher, such as the entitlement to ask questions to the Taoiseach during Leaders’ Questions.
Opposition parties have criticised the bid to form the new technical group, claiming it would see opposition speaking time swallowed up by supporters of the coalition.
The Regional Independents grouping of TDs and independent Kerry TDs and brothers Michael and Danny Healy-Rae have agreed to support Fianna Fail and Fine Gael in the new look Irish government, which is set to be formally appointed on Wednesday.
However, independents who are part of that arrangement, but who will not hold a ministerial role in the coalition, want to continue to sit on the opposition benches and secure recognition as a technical group.
In her letter on Friday evening, Ms Murphy said there was a “long standing precedent” to support the advice she had received, as she highlighted the 2016 confidence and supply deal that saw Fianna Fail support a Fine Gael-led coalition from the opposition benches.
“I am advised that to exclude a non-party member who is not a Minister or Minister of State from a technical group would require an amendment to Standing Order 170 and any amendments to the Standing Orders must be dealt with by the Committee on Standing Orders and Dail Reform,” she wrote.
“I am advised that the Ceann Comhairle is bound by the Standing Orders and I neither have autonomy nor jurisdiction to unilaterally amend them.”
Ms Murphy asked any TD who did not agree with the advice to send her a submission, with legal advice if available, outlining a proposed alternative process.
“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 added.
“I would be grateful to receive your submissions by close of business on Wednesday 22 January 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.”
The dispute has flared as Fine Gael and Fianna Fail members deliberate on whether to back the new proposed programme for government.
Fine Gael held the first of five regional meetings to brief the party faithful on Friday evening in Dublin, with four more planned over the weekend.
Fianna Fail is hold a special ard fheis in Dublin on Sunday where members will get the opportunity to vote on the 162 page coalition deal.