Opposition TDs hit out at 'farce' of four Regional Independents sitting on opposition bench

(Left to right) Kevin 'Boxer' Moran, Noel Grealish, Gillian Toole, Michael Lowry, Marian Harkin, Barry Heneghan and Sean Canney at Leinster House after a deal was reached to form the next government. Michael Lowry, Danny Healy-Rae, Barry Heneghan, and Gillian Toole have been allowed to speak from opposition benches. Photo: Brian Lawless/PA

TDs outside the government have labelled the decision to grant four TDs who agreed the programme with Fine Gael and Fianna Fáil to temporarily sit on the opposition bench as a farce that undermines the purpose of said opposition.

Ceann Comhairle Verona Murphy made the decision to temporarily allow the four independent TDs from the Regional Independent Group — Michael Lowry, Danny Healy-Rae, Barry Heneghan, and Gillian Toole — to speak from opposition benches.

The controversy around the allocation of speaking time looks set to rumble on with some anticipating heated exchanges in the Dáil chamber on Wednesday where Micheál Martin will be elected taoiseach.

The issue stems from the fact that four members of the technical group were involved in drafting the programme for Government and will be supporting the government. Opposition parties came together to jointly submit a rejection of Ms Murphy's decision to allow the independents sit in opposition.

The detailed rebuttal from the opposition — comprised of Sinn Féin, Labour, Social Democrats, People Before Profit, Green Party, Independent Ireland, Independents Group, and others — was shaped by legal advice sought by Sinn Féin and Labour. 

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In the submission, the group rejects the notion that there is a precedent to enable the four TDs to take up an opposition role despite the Ceann Comhairle being advised otherwise. 

According to Ms Murphy's advice: "One need only recall the many non-party members that openly supported previous governments and were part of technical groups without objection".

The submission claims this is an "unspecific reference" and goes on to say that the 2016 confidence and supply arrangement does not apply in this instance.

"Through its offer of abstention on core votes, Fianna Fáil enabled the continuation of the Government, but it did not support it," the joint submission states.

The submission centres on the argument that the TDs in the technical group who agreed a programme of government cannot be considered "members in Opposition".

It will be at least a week before the opposition TDs receive a response from Ms Murphy to their submission as the Dáil Business Committee will not sit again until next Thursday.

Ms Murphy told the committee that once submissions have been received, she will review them and may seek further legal advice. She also said that the previous legal advice received will not be shared yet, though the opposition will continue to press for its release.

People Before Profit TD Richard Boyd Barrett said it is "unacceptable" that a resolution is being delayed calling it an attempt to defuse public anger. Depending on what advice Ms Murphy returns to the committee with there has been talk of a potential legal case being taken.