Independent TDs - who have agreed to support the incoming government, but do not hold a ministerial position - will be allowed to ask questions from the opposition benches.
The issue attracted criticism after it emerged some Regional Independents wanted to form a technical group in the Dáil in order to get more speaking time.
In a statement this morning, Ceann Comhairle Verona Murphy says a precedent for this was set during the confidence and supply agreement between Fianna Fáil and Fine Gael in 2016, during which Fianna Fáil "was still considered the main opposition party".
She has invited any members of the Dáil Business Committee who do not agree to make a submission outlining any alternatives by close of business next Wednesday.
The Dáil’s Business Committee, which is responsible for dealing with items of Dáil business including speaking rights, met on Thursday to consider the issue.
In a letter issued to TDs night from the Ceann Comhairle, Murphy noted that at Thursday’s meeting, “there was extensive discussion on the Standing Orders governing technical groups in the context of some members of one technical group having publicly undertaken to support the Government”.
At this committee meeting, members of the Regional Independents group said they wanted to create an opposition technical group despite some of its members also being in the potential new coalition.
A technical group must have five or more TDs to qualify for Dáil speaking rights.
Such speaking rights include the ability to raise issues with the Taoiseach during Leaders’ Questions, something not available to Government backbench TDs or independent TDs who are not part of a technical group.
However, some members of the Regional Independents group are set to become superior junior ministers or junior ministers and therefore cannot be part of an opposition technical group.
Independent TD Michael Lowry, who will support the government, outlined the proposal at the Business Committee meeting on Thursday.
Other TDs who have publicly stated they will be supporting the incoming Government are also part of the Regional Independents group include Gillian Toole, Danny Healy-Rae and Barry Heneghan.
It is argued that they can be party of a technical group and enjoy Dáil speaking rights because they are not formally part of the government.
The group will also include Independent Carol Nolan and Aontú members Peadar Tóibín and Paul Lawless, who are all members of the opposition.
In the letter issued last night, Ceann Comhairle Verona Murphy said she had been advised that Independent TDs who have agreed to support the goverment but are not Ministers or Ministers of state are “eligible to be part of a technical group”.
The letter added: “I am advised that there is long standing precedent to support this position.
“One need only recall the many non-party members that openly supported previous governments and were part of technical groups without objection.
“In 2016 the Fianna Fáil party entered into a Confidence and Supply agreement to support the Fine Gael government and was still considered the main opposition party.”
Murphy added that an amendment would be required to bar such Independent TDs from a technical group and that she has “neither have autonomy nor jurisdiction to unilaterally amend them”.
The Ceann Comhairle said members who do not agree with the advice she has received must make a submission to her “by close of business on 22 January, outlining whatever alternative process they believe should be applied”.
“Further to receiving any submission, I will carefully consider the points raised and take any necessary further advice from the Office of Parliamentary Legal Advisers,” said Murphy.
Murphy added that she is “very anxious to ensure that this matter is considered thoroughly and transparently”.
Fine Gael is holding a series of regional meetings over the coming days and speaking prior to the first meeting last night, Taoiseach Simon Harris said the “issue of where people sit in Dáil needs a bit of clarification and thought”.
“I think if groups are in government, we need to look and see how the Dáil rules can accommodate that as well, and no doubt the Ceann Comhairle will make a decision on it,” said Harris.
He added: “The Regional Independents are a group in the Dáil, that’s their right.
“My understanding is there are members of that group who won’t be in the government, it’s a group that also includes members of Aontú, I think.
“It’s a group that also includes deputy Carol Nolan, and I think they’re not a part of the government deal.
“There’ll be some regional independents who’ll hold ministerial office, there’ll be other regional independents who will not hold ministerial office.
“This issue can be resolved, and the person who is in a position to resolve it is the Ceann Comhairle.”
Harris further remarked that it is the “Ceann Comhairle who runs the Dáil, not the government” and that he had “no doubt she will look at this issue in a way that works for everyone”.
Speaking earlier in the week, People Before Profit TD Paul Murphy described it as a “bizarre proposal that would undermine the capacity and effectiveness of the opposition in the Dáil”.
Sinn Féin TD Pádraig Mac Lochlainn has also been railing against the situation and said: “Michael Lowry stated that his group of Independent TDs would ‘support the next government on the good days and the bad days’, and now he and two other of those TDs want to be part of a Dáil Group in opposition to the government. You couldn’t make this up.”
Labour’s Duncan Smith also criticised the proposal, saying “it absolutely beggars belief”.
He said the Regional Independent Group members want to “run with the hare and hunt with the hound”.
The Dáil returns on Wednesday for the first time in 2025 when Fianna Fáil leader Micheál Martin is set to be nominated for Taoiseach.
It comes after Fianna Fáil and Fine Gael reached agreement with the Regional Independents and with Kerry Independent TDs Michael and Danny Healy-Rae during the week on a Programme for Government.
The 160-page document states that Fianna Fáil, Fine Gael and Independents "have come together in partnership to form a stable majority to deliver an ambitious programme and five Budgets."
Mr Martin has described the plan as "very ambitious" and said the "fundamental objective and task will be delivery and public service reform to enable delivery of more houses faster for people."
