Regional Independent TDs not holding government ministerial roles are eligible to speak and ask questions from the opposition benches, according to legal advice received by Ceann Comhairle, Verona Murphy. This stance has sparked debate as some members of the Regional Independent Group seek to form a Dáil technical group, despite their support for the incoming government.
The group, including TDs Michael Lowry, Gillian Toole, Barry Heneghan, and Danny Healy-Rae, argues that they should be allowed to join a technical group, as they are not formally part of the government. The Ceann Comhairle’s letter to TDs, issued last night, confirmed the legal advice supporting this position. The advice states that non-party TDs, who are not ministers, have historically been allowed to form technical groups, even if they support the government.
Ms. Murphy pointed to previous instances, such as Fianna Fáil’s support for the Fine Gael government in 2016, where Fianna Fáil remained the official opposition despite its backing of the government. She emphasized that any move to exclude Independent TDs from a technical group would require a change to the Dáil’s Standing Orders, which cannot be unilaterally altered.
The Ceann Comhairle has asked members of the Dáil Business Committee who disagree with the current interpretation to submit their concerns by the close of business on Wednesday. She will review the submissions and consider further legal advice if necessary.
The proposal has sparked strong opposition from some political parties. Labour TD Duncan Smith called the move “utterly unacceptable” and an “affront to parliament,” arguing that it would damage the Dáil’s reputation. Sinn Féin’s Chief Whip, Pádraig Mac Lochlainn, also rejected the idea, stating that the current situation is “preposterous” and makes a “mockery of the Dáil.” Mac Lochlainn pointed out that the independent TDs would be actively involved in the government, which he argued distinguishes them from Fianna Fáil’s role in supporting the 2016 government.
The issue comes as the Dáil prepares to reconvene on Wednesday for the first time in 2025, following an agreement between Fianna Fáil, Fine Gael, and the Regional Independents, along with Kerry Independent TDs Michael and Danny Healy-Rae, on a new Programme for Government. The 160-page document outlines a “stable majority” and ambitious plans for public service reform, including faster housing delivery.
Independent TD Marian Harkin acknowledged the evolving situation, noting that the Regional Independents’ access to ministers would need to be clarified. Solidarity-People Before Profit TD Paul Murphy criticized the move, suggesting the Regional Independents were attempting to “have their cake and eat it.”
As the political landscape shifts, it remains to be seen how the dispute over the Dáil technical group will be resolved.