Relations in the Dáil between the Ceann Comhairle and the Labour leader have reached an unprecedented low, writes Michael O'Regan, Parliamentary Reporter
The threat by Labour leader Pat Rabbitte to table a motion of no confidence in Ceann Comhairle Dr Rory O'Hanlon is the first to be made in some time by a senior politician against the holder of the prestigious office.
It came last week, following several heated rows between the two men in the lifetime of the current Dáil. Leinster House observers cannot recall such a sustained level of animosity between the Ceann Comhairle of the day and a party leader.
Mr Rabbitte, a skilled parliamentarian, is the leader of the second-largest Opposition party and was tánaiste in the putative Rainbow government. Dr O'Hanlon, Fianna Fáil TD for Cavan-Monaghan, is a former minister and a highly-regarded and experienced politician.
The two have clashed repeatedly on what can and cannot be allowed during the Dáil's Order of Business.
On Tuesday and Wednesdays, Taoiseach Bertie Ahern takes Opposition leaders' questions when he can be asked about pretty well any issue. However, he is not in the Dáil on Thursdays, because of a deal between Labour and the Government which allowed him to be free of the House in return for restoring Labour's precedence over the technical group, which is made up of the Green Party, Sinn Féin and a number of Independents. The deal was done before Mr Rabbitte took over the Labour leadership.
In Mr Ahern's absence on Thursdays, the Order of Business, setting out the day's parliamentary work, is usually taken by Tánaiste Mary Harney or Minister for Finance Brian Cowen.
Last week's heated exchanges, leading to the threat of a no confidence motion, arose when Mr Rabbitte attempted to question Ms Harney on the fuel allowance paid to the elderly.
Dr O'Hanlon insisted that the question could not be asked under the standing orders applying to the Order of Business. Mr Rabbitte bristled and threatened a motion of no confidence, while other Opposition TDs accused Dr O'Hanlon of failing to allow a level of flexibility applied in the past.
An analysis of the standing order, invoked by Dr O'Hanlon, would appear to justify his position if strictly interpreted.
Apart from a provision allowing for a deputy to seek an emergency debate on a matter of "topical public importance", questions must relate to "legislation promised either within or outside the Dáil; about the making of secondary legislation; about the arrangements for sittings; and as to when Bills or other documents on the order paper needed in the House will be circulated".
This would appear to rule out a question on the fuel allowance for the elderly, irrespective of its importance to a significant and frequently vulnerable section of society. Mr Rabbitte had the option of tabling a question to Minister for Social and Family Affairs Séamus Brennan, for reply when he next takes Question Time.
Oppositions of the day, of all political colour, argue that this kind of response shows inflexibility, and they demand a change in standing orders.
Governments of the day tend to forget what they said in opposition and insist that rules are rules. And unless it is a minority government, the government of the day always gives the coveted post of Ceann Comhairle, the occupant of which is automatically returned at the next election, to one of its own.
There was little by way of a political honeymoon with Dr O'Hanlon when Mr Rabbitte took over the Labour leadership. In December 2002, Mr Rabbitte accused Dr O'Hanlon of being "completely unreasonable" when he told the Labour leader that, under standing orders, he could only speak once against the Order of Business. Eventually, Mr Rabbitte withdrew the remark, but was warned by Dr O'Hanlon that he was "sailing very close to the wind" in making remarks about the Chair.
In October 2003, Mr Rabbitte claimed he had never been harassed by any of the Ceann Comhairle's predecessors in a similar fashion. Dr O'Hanlon denied he was being harassed, adding that the Labour leader had been shown leniency.
In June of last year, Mr Rabbitte refused to withdraw a claim that Dr O'Hanlon was "congenitally incapable of fairness".
The stand-off continued for a day, but Dr O'Hanlon did not pursue the matter, saying that while he was concerned about the remark, he accepted that, from time to time, in the heat of the moment, robust remarks would be made. But he said he was giving "fair warning" that any repeat of that kind of attack would not be tolerated.