The Dáil's Ceann Comhairle, Verona Murphy has ruled that the Regional Group cannot form a Dáil technical group.
Verona Murphy wrote to TDs to advise that she had ruled that “the Regional Technical Group, is not a group of members in Opposition within the meaning of Standing Order 170 and accordingly, does not qualify as a technical group.”
It follows controversy when oppositon TDs objected to members of the Regional Group of TDs having speaking time when some TDs in that group had agreed to support the government.
She said in a letter to TDs that 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.”
The four TDs had wanted to sit in the opposition benches, despite helping form the Programme for Government.
“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.”
“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.”
“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:
i. “a political party in opposition – a political party opposing and prepared to replace the party in power” [Merriam Webster];
ii. “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.”
Opposition parties say "sense has prevailed" following the Ceann Comhairle's decision that Regional Independent TDs will not be allowed to speak from the Opposition benches in the Dáil. The Dáil Reform Committee will meet, ahead of the return of the Dáil tomorrow.
