Independents supporting the Government should not be given speaking time normally allocated to members of the opposition, according to a letter from opposition parties to the Ceann Comhairle.
Some of the regional independent TDs involved in negotiating and supporting the Programme for Government have sought to keep their Dail speaking time in opposition technical groups.
Ceann Comhairle Verona Murphy, who previously sat as a regional independent, has indicated that this will be allowed under parliamentary legal advice she has received from the Oireachtas.
Opposition parties have described the decision as “absurd”, objecting to the move on the basis that it would “eat into” their speaking time.
A key point of contention is the commitment that other members of the regional independent group will be given Minister of State positions.
The dispute has led to a joint submission to the Ceann Comhairle from parties including Sinn Fein, Labour, the Social Democrats, People Before Profit-Solidarity, the Greens and Independent Ireland.
The central question is whether an independent who has agreed to support the Government but is not a Minister of State is eligible to be part of a technical group for the allocation of speaking time.
Standing Order 170 for the Dail sets out the definition for technical groups, stipulating that they must be made of at least five members in opposition.
The opposition parties argued that the proposed Government will be a coalition operating as a majority administration as a “three-legged stool”, formed by Fianna Fail, Fine Gael and the regional independents.
Therefore, they contend that regional independents without minister of state positions should not be considered in opposition.
In a letter to Ms Murphy on Tuesday, the parties said: “In our view it would be absurd to think otherwise. Those who argue to the contrary must answer this basic question: to what are these so-called members in Opposition opposed?”
The opposition parties propose that speaking time for these independents should be a matter for the Government Chief Whip.
They said: “To rule otherwise would be to permit Government encroachment into Opposition speaking time, and to upset the balance between Government management of Government business and Government time, on the one hand, and the time allocated to the Opposition to secure responsible and accountable Government, on the other hand.”
The authors also argue that there has been “repeated clear acknowledgement from the members of the Regional Independents that they have influence over Government policy”.
To this end, they cite public statements by members of the Regional Independents who were involved in Government negotiations, including Michael Lowry reportedly saying the group had secured a “fantastic result” and would “get on with the work now of governing”.
Elsewhere, the authors of the letter note that Barry Heneghan told Ireland AM: “You can whinge and whine from Opposition all you want, but I’m actually going to go in and roll up my sleeves.”
He also said: “There’s a lot I want to do that I wouldn’t be able to achieve if I was in Opposition.”
In conclusion, the opposition parties said they “strenuously object” to the attempt to “eat into the Dail time” allocated to the Opposition.
They added: “At its simplest and bluntest, on this most basic of issues members of the Dail cannot run with the hare and hunt with the hounds.”
Ms Murphy has indicated that she will consider the submission but will allow the Government-supporting independents to sit in the technical groups on an interim basis.