Ceann Comhairle rules on Dail speaking rights row as she says TDs can’t form technical group amid ‘brazen sham’ reaction

CEANN Comhairle Verona Murphy has ruled that a regional group of independents cannot be recognised for speaking rights in the Dail.

A row over the matter has consumed Irish politics for the first few weeks of the new Government’s term.

Brian Lawless/PA Wire

The issue centres around the Regional Group of independents – Michael Lowry, Gillian Toole, Barry Heneghan and Danny Healy-Rae.

They have been involved in the programme for Government negotiations and have vowed to support the Fine Gael-Fianna Fail coalition for the next five years.

But they also want to be labelled as opposition TDs so they can get speaking time in the Dail during Leaders’ Questions and challenge the Taoiseach, a bid that was blasted by Sinn Fein leader Mary Lou McDonald as “Alice in Wonderland stuff”.

The plot led to a delay in efforts to appoint a taoiseach as the opposition disrupted proceedings in protest.

After a Dail holiday, a mass walkout was on the cards on Wednesday when it was due to return.

However, tonight the Ceann Comhairle said she had made a decision “having carefully considered legal advice, submissions and other materials which are in the public domain”.

The Wexford TD said: “I have decided that the (Regional Technical) Group are not eligible for recognition under Standing Order 170.”

She added: “I have made my decision tonight so that the Committee on Standing Orders and Dáil Reform, which meets tomorrow, will be aware of my ruling in advance of that meeting.”

In her decision, the Ceann Comhairle said that Standing Orders are “not legislation” and constitutional or statutory rules “do not necessarily apply” when interpreting them.

She added: “Rather, any interpretation must, in my view, be based on
how a reasonable, fair-minded person would interpret the relevant wording.”

Deputy Murphy said external senior counsel’s advice said that a technical group can’t be approved unless it complies with the Standing Order, so her key decision was whether the group were “in fact ‘members in Opposition’”.

After referring to several statements made by the independent TDs, her decision was as follows: “Given the public statements and the references in the Programme for Government above it is not unreasonable to conclude that the independent representatives referred to in the Programme for Government include four members of the Regional Technical Group: Deputies Lowry, Toole, Heneghan and Danny Healy-Rae.

“The public statements made by Deputy Michael Lowry on behalf of the Regional Technical Group and those of Deputy Michael Healy-Rae and Danny Healy-Rae are extremely difficult to reconcile with a reasonable interpretation in plain English of the term ‘in Opposition’.

“Further, while I have received emails from Deputies Lowry, Toole, Heneghan and Danny Healy-Rae asserting that they would be retaining their independence and voting on a case-by-case basis, these, in my opinion, carry lesser weight than their previous public statements and actions.

‘NOT SATISFIED’

“These emails were sent after controversy had arisen whereas the previous public statements and actions, which were uncontradicted at the time, were made in the immediate aftermath of the conclusion of the Programme for Government negotiations.

“In simple terms, I cannot accept that these emails displace the weight of the members prior statement referenced above.

“Having regard to the foregoing, having carefully considered all of the legal advice, submissions and materials referenced above, I am not satisfied that Deputies Lowry, Toole, Heneghan and Danny Healy-Rae are members ‘in Opposition’ as required by Standing Order 170. I therefore cannot accord recognition as a technical group to the Regional Technical Group as it is currently constituted.”

The Ceann Comhairle also provided a timeline of key dates involved in making her decision, which is as follows:

• Date OPLA advice received by Ceann Comhairle – 17^th January 2025

• Date of initiation of submissions process – 17^th January 2025

• Deadline for receipt of submissions – 22^nd January 2025

• Date brief sent to external Senior Counsel ‒ 26^th January 2025

• Date opinion was received from external Senior Counsel – 2^nd February 2025

• Date of ruling by the Ceann Comhairle – 3^rd February 2025 

‘BRAZEN SHAM’

Commenting tonight, the Social Democrats’ Cian O’Callaghan said it is a “significant ruling” and “confirms what Opposition parties have been saying from the outset”.

He added: “Government backbenchers cannot masquerade as members of the Opposition in a cynical attempt to avail of Opposition speaking rights.

“In reaching her decision, the Ceann Comhairle put great weight behind the words of members of the Lowry Independents – who publicly stated they were part of the Government.

“She saw through their belated attempt to rewrite history, and claim to be in Opposition, as the brazen sham it was.

“Hopefully this will now put an end to this issue and the Dáil can focus on the many pressing issues facing the country.

“All parties – Government and Opposition – should accept this ruling.”

Sinn Fein’s Padraig Mac Lochlainn also told RTE tonight that it was ridiculous that the Government had contested this position for so long.