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Ceann Comhairle Verona Murphy Alamy Stock Photo

In full: Verona Murphy explains decision to keep Regional Independents off Opposition benches

Sinn Féin have described the ruling as a form of vindication.

CEANN COMHAIRLE VERONA Murphy has explained the reasoning behind her decision to deny a group of Regional Independents the ability to form a technical group on the Opposition side of the Dáil.

The controversy over a move by the group of Independent, government-supporting TDs led by Michael Lowry caused mayhem on the first day of the new Dáil and the row between government and opposition parties has rolled on ever since. 

“I have come to my conclusion having carefully considered legal advice, submissions and other materials which are in the public domain,” Murphy said in a statement.

“I have decided that the Group are not eligible for recognition under Standing Order 170,” the Ceann Comhairle said.  

She said the decision had been made in order that the Committee on Standing Orders and Dáil Reform, which meets today, would be aware of her ruling ahead of time. 

The ruling is a major development in the ongoing row and it now remains to be seen how the government reacts. 

The full statement 

Ruling of the Ceann Comhairle on the recognition of the Regional Technical Group as a technical group within the meaning of Standing Order 170

As Ceann Comhairle of Dáil Éireann, it is my role to interpret and apply Standing Orders.

Specifically Standing Order 75 paragraph (3) provides as follows: ‘The Cathaoirleach has authority to interpret Standing Orders and to rule on matters that are not expressly covered in Standing Orders, including but not limited to matters relating to relevance, repetition and appropriate use of privilege during debate.’

Standing Orders are not legislation. In interpreting them, rules of constitutional or statutory interpretation do not necessarily apply.

Rather, any interpretation must, in my view, be based on how a reasonable, fair-minded person would interpret the relevant wording. Interpretation must also have regard to precedent as well as political judgement and experience because Dáil Éireann is first and foremost a political body.

In my statement to Dáil Éireann on 23 January 2025, I referred to an ambiguity between the wording of paragraphs (1) and (4) of Standing Order 170.

Having taken advice from external senior counsel, I am advised that a technical group cannot be approved unless it complies with the terms of Standing Order 170(1) namely, it must constitute its entitlement to qualification as a group based on the capacity of the members of the group to satisfy the Ceann Comhairle that they are ‘a body of Members in Opposition’ as a group.

The key decision for me as Ceann Comhairle is whether the body of members of the prospective Regional Technical Group are in fact “members in Opposition” as required by Standing Order 170.

The words ‘in Opposition’ are deployed in a number of Standing Orders. However, the term is not specifically defined.

In legal advice and submissions from political parties and groups, I have been provided with various useful dictionary definitions of the term “in Opposition”. The external senior counsel who I engaged has also provided me with definitions which are as follows:

  • “a political party in opposition – a political party opposing and prepared to replace the party in power” [Merriam Webster];
  • “in opposition – a political party opposing the Government”.

In the absence of a specific definition within Standing Orders, it is necessary for me, as the ultimate arbiter of same, to interpret these words in their ordinary or plain meaning and in the context in which they have been approved for inclusion in the Standing Orders.

In order to make my ruling, I have had regard to statements made by members of the Regional Technical Group immediately following Government formation, as follows:

  • On 15 January 2025, following the successful conclusion of the negotiations for a Programme for Government, Deputy Michael Lowry, speaking on behalf of the members of the Regional Technical Group, made the following public statement:

“I’m delighted that our group has been recognised in a very tangible way and in a practical way. At the outset, I stated clearly that we would function as a group, that we would act as a group, that we would negotiate as a group, and as part of that negotiations, we also said that we had to be working within Government, not from the outside, and for us, obviously, it’s important that we’re able to ensure that [our?] parts of the programme that are important to us are implemented over the lifetime, over the five years of this Government. We’re in this for five years. We’re in it to deliver five budgets. We’re a strong, we’re a cohesive, we’re a united group, and we intend to deliver for the people of Ireland on the issues that are important.”

  • On 18 January 2025, Deputy Barry Heneghan made the following statement on social media:

“Delighted to have secured the inclusion of steps to allow Private Wires in the Programme for Government! This will unlock GWs of renewable energy projects, and lower costs of energy for the Irish people.”

  • On 15 January 2025, Deputy Michael Healy-Rae made a statement following the successful conclusion of the Programme for Government negotiations as follows:

“It’s fair to say that there is an arrangement in place where there will be a role at a department at a Minister of State level for the Healy-Raes, and it’s fair to say that that role will be going in my direction, but as for what that’s going to be, that is obviously at the direction of the incoming Taoiseach.”

  • On 16 January 2025, Deputies Michael Healy-Rae and Danny Healy-Rae made statements as follows:

DHR: “There’s so much that we can do from being inside the Government… I do realise that in Government, you have to go against some of your own ideals, in order to get more… You have to be in there.”

MHR: “The people of Kerry will be able to see progress in projects that have been stalled, that have been hindered… We will see that our projects will be advanced… Working in conjunction, from within Government, we will do everything that we can to progress those projects… We went up to Dublin, we put our cards on the table, we said, look, ye want our support, we will support you, we will work within Government, we’ll support the Government, we’ll back them, but in return, we’re highlighting there are issues of concern… and we want these things progressed.”

The Programme for Government in its introduction states: “The Fianna Fáil and Fine Gael parties, as well as the independent representatives, who will participate in and support the new government, are committed to delivering for all people and all regions across our shared island over the next five years.”

At page 155 of the Programme for Government the following passage appears:

“All parties and groupings party to the Government understand the need to ensure stable & effect Government during the full term of this Dail. This Government will deliver 5 budgets. It is agreed that the general election will be called no sooner than after the enactment of the principal measures to be announced in the budget of late 2029. While respecting the constitutional role of the Taoiseach in this matter, a decision to call an election on a date will be agreed between party leaders.” [Emphasis Added]

On page 154 of the Programme for Government the following passage appears:

“Other Supports. Policy coordination and support resources will be made available to others who support the Government”

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. 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.

Verona Murphy TD
Ceann Comhairle
4 February 2025

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