Ministers Stephen Donnelly and Catherine Martin were two of the highest profile TDs to lose their seats in the General Election.
As Mr Donnelly and Ms Martin were both senior ministers in the last government, their failure to be re-elected creates an interesting scenario.
Despite the fact they will not be members of the 34th Dáil, Mr Donnelly and Ms Martin will remain in their positions as Minister for Health and Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media respectively for the moment.
So when exactly will their time heading up these portfolios end?
Gary Murphy, Professor of Politics at Dublin City University, highlighted Article 28.11:2 of the Constitution, which states: "If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
"The members of the Government in office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed."
In layman's terms, despite not being TDs, Mr Donnelly and Ms Martin will remain in their positions until government formation talks have concluded and a new Minister for Health and Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media are appointed by the next Taoiseach.
Similiar situations have arisen in past elections.
"In 2016, James Reilly (former Minister for Children and Youth Affairs) and Alex White (former Minister for Communications), and in 2020, Regina Doherty (former Minister for Employment Affairs and Social Protection), Shane Ross (former Minister for Transport), and Katherine Zappone (former Minister for Children and Youth Affairs) stayed in office even though they lost the seats," Prof Murphy said.
In the cases of Dr Reilly and Mr White, they remained ministers for three months following the February 2016 elections despite losing their seats.
In 2020, amid the early days of the Covid-19 pandemic, Ms Doherty and Ms Zappone remained ministers for more than four months, with a government formed a whopping 128 days after people went to the polls.
When do incoming TDs officially become TDs?
There were 174 seats to be filled ahead of the General Election, with Seán Ó Fearghaíl taking the first one automatically due to his position of Ceann Comhairle.
Today, members of the new Dáil began to sign the Roll of Members at Leinster House.
By signing, it enables incoming TDs to take their seat when it convenes for the first time.
But when do the incoming TDs officially become TDs?
Prof Murphy explained: "Incoming TDs are deemed to be elected when the votes are counted and then take their seats when the new Dáil first meets as they are members of that new Dáil and not the old one."
In the case of the 34th Dáil, it will sit for the first time on Wednesday 18 December, officially marking the start of the incoming TDs time as elected public representatives.
Additional reporting Paul Cunningham
