Taoiseach Michael Martin’s assertion that the dispute in the Dáil last week was a “subversion of the Constitution” is not only without foundation, but is in reality a subversion of the truth.
Last Wednesday Micheál Martin, as tánaiste, and also (then ) Taoiseach Simon Harris, were fully aware of the anger of the combined opposition in relation to what was proposed by the Regional Group of Independents.
The specific proposal was to allow Deputy Micheal Lowry and those colleagues of his who were not rewarded with ministerial positions, to operate in a technical group as opposition TDs.
The government agreed with this proposal, notwithstanding that Deputy Lowry was the key negotiator on behalf of the Regional Independents in negotiating the Programme for Government, which included the awarding of two super junior ministries, and the position of Ceann Comhairle, to his group.
A further promise of two more junior ministries was given in return for a solid guarantee that they would fully support the government.
In addition, the then tánaiste personally and publicly commented that he had been instrumental in gaining the support of TDs Micheal and Danny Healy Rae by promising a further junior ministry to Michael Healy Rae, bringing the total number of promised Ministries of State to five.
Indeed, the guarantee of support and the pride of the now extended group, in what they had achieved, was conveyed to all media outlets, as frequently and as visibly as possible. Clearly, they would all now support the Government through good times and bad.
Consequently, last Wednesday, the first item on the Dáil agenda prior to the election of taoiseach was to approve the speaking times of government parties, opposition parties and technical groups.
Understandably, the proposed speaking arrangement was completely unacceptable to the Opposition, given that it would allow Deputy Lowry and others in his group, who played a pivotal role in negotiating the Programme for Government, to also speak as opposition TDs.
In the course of the day, opposition members attempted repeatedly to raise the relevant Standing Order (SO 170 ) which specifically provides that a technical group is a body of members in opposition.
In my opinion, SO 170 is not ambiguous. Its purpose is to enable independent TDs in opposition to have speaking time by forming a technical group, albeit with a minimum of five members.
Significantly, it is the primary mechanism by which opposition Independent TDs can fulfil their role, and hold the Government to account.
If Deputy Lowry and his colleagues are allowed to form a technical group and operate on the opposition benches, the ability of opposition Independent TDs to hold the government to account will be seriously impacted.
In conclusion, the audacity of the move is without precedent, and creates a scenario that evokes Schrodinger’s cat: seeking to exist simultaneously both inside and outside the government.
There is an orchestrated attempt to subvert democracy, but certainly not by the opposition.
Catherine Connolly is a former Leas Ceann Comhairle, and represents Galway West as an independent TD since 2016.
