Independent TDs at the centre of an acrimonious row over parliamentary speaking time would be able to support the Government on a “case-by-case” basis under proposals put forward to resolve the row.
The proposal for a “hybrid group” is seemingly at odds with public statements by the Regional Independent Group, whose de facto leader Michael Lowry has said members would vote with the Government on good days and bad.
Talks aimed at resolving the row over Dáil speaking rights broke up without resolution on Friday, with the conflict now potentially set to overshadow the resumption of Dáil action next week.
The matter is threatening to again overshadow parliamentary business when the Dáil resumes next week.
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The proposal put forward by the Government would allow for a “hybrid group” comprised of Independent members, “some of which may support the Government on a case by case basis”, and would enjoy rights to Leaders’ Questions and other speaking rights.
It was rejected by the Opposition parties.
Speaking on Friday, Sinn Féin whip Padraig MacLochlainn said that it was very clear that the Government was determined that Mr Lowry’s group be allowed to participate in Leaders’ Questions and be treated as part of the Opposition.
“The Government is trying to tell us that Michael Lowry is not a Government supporter, he is unaligned and that he should get access to Leaders’ Questions. We are just not having it. We are now going backwards.”
In a statement released after the talks, Labour Party TD Duncan Smith strongly criticised a proposal saying it was “truly beyond belief”.
“They are rewriting the very terms of engagement in the Dáil by proposing bespoke speaking time for Lowry’s grouping by seeing them be designated as a hybrid group with full Opposition speaking rights.”
Earlier, it transpired that legal advice commissioned by Fianna Fáil gave the opinion that Mr Lowry and other members of the group who are not ministers are entitled to speak as members of the Opposition.
It backs up Ceann Comhairle Verona Murphy’s argument that Mr Lowry and his group are entitled to speaking time.
The advice, drawn up by senior counsel Michael Cush, outlines his view that “the views expressed by the Ceann Comhairle are correct”.
While it is likely to bolster the Government’s position, it is unlikely to defuse the row in its entirety, with the Opposition having rejected what the Government believe is a compromise position that would allow the regional group speak in Opposition without any party losing out on time as a result.
However, the Opposition parties say this would violate an important parliamentary principle.
Mr Cush’s advice states standing orders “make clear” that a group of at least five can be recognised as a technical group so long as it doesn’t contain ministers or a party which contains ministers".
It continues by outlining that standing orders – the rules under which the Dáil operates – dictate that such groups have rights recognised by standing order 164, including that “leaders in opposition” may put matters to the Taoiseach during Leaders' Questions.
The advice outlines Mr Cush’s view that standing orders “make a distinction between groupings which actively participate in Government through having within their number a minister or Minister of State and all other groupings including even those which may actively support the Government”.
The former, he writes, cannot be recognised as a group in the Dáil and the latter can.
“Once recognised as such a group enjoys the various rights summarised in standing order 164. Mr Lowry’s grouping appears to meet the requirements for recognition as a group.”
Speaking in Cork, Taoiseach Micheál Martin said he is trying to help resolve the issue and that suggestion that you cannot support the government and be in opposition was “far too simplistic”.
“If you go back to 1932, and from then onwards, people from the opposition benches have been supporting different governments in different ways,” he said.
“For example, the confidence and supply agreement between Fianna Fáil and Fine Gael from 2016 to 2020 – if what Sinn Féin is saying, and People Before Profit are saying, that you can’t be in opposition and support government or be involved in discussions over the programme for government or the budget, you would not have had a confidence and supply agreement.”
Mr Martin said that every effort was being made to reach a compromise.
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