Regional Independent TDs who are not government ministers would be able to speak and ask questions from the opposition benches, according to legal advice received by the Ceann Comhairle, Verona Murphy.
Some TDs from the Regional Independent Group who have agreed to support the incoming government want to be part of a Dáil technical group.
Michael Lowry, Gillian Toole, Barry Heneghan and Danny Healy-Rae argue this is permitted on the basis that they are not formally part of the government.
In a letter to TDs issued last night, the Ceann Comhairle revealed legal advice supporting this position saying that non-party TDs who are not ministers are eligible to be part of a Dáil technical group even if they are backing the Government.
Ms Murphy said there is a long-standing precedent to support this view and many non-party members have openly supported governments in the past from the opposition benches.
She cited the case of Fianna Fáil supporting the Fine Gael government in 2016 and pointed out that Fianna Fáil was still considered the main opposition party at the time.
Any move to exclude an Independent TD from a Dáil technical group would require a change of the rules of the house, called the Standing Orders.
Ms Murphy said she is not in a position to unilaterally change them.
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She has now asked members of the Dáil Business Committee who do not agree with the current position to make a submission to her by close of business on Wednesday next, outlining any alternatives.
She said that she would carefully consider the points raised and take any necessary further advice from the Office of Parliamentary Legal Advisers.
Labour TD Duncan Smith has said that his party would respond to the Ceann Comhairle's letter.
He described what is being proposed as utterly unacceptable and an affront to parliament.
"It is the responsibility of all in politics to improve politics reputation and standing in public life," he said
"The people would feel like a stroke is being pulled and would cause huge reputational damage to this Dáil."
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Sinn Féin's Chief Whip said his party does not agree there is legal precedence as set out by the Ceann Comhairle in her letter and that it is seeking its own legal advice.
Pádraig Mac Lochlainn said the situation, where independent TDs wish to form a technical group in order to gain speaking time in the Dáil is "proposterous" and that it makes a "mockery of the Dáil".
"Micheal Lowry stood on the plinth outside Leinster House and said that all of them would support the government in good days and in bad so you cannot be in government and claim the speaking rights and some resources that are available, limited as they are, to the opposition so we don't accept this is a precedence at all," he said.
Mr Mac Lochlainn said the difference between now and in 2016 when Fianna Fáil supported the then Fine Gael government is that this group of independents will have four ministerial positions who he said will be active participants in government.
"To treat these independent TDs different to Fianna Fáil and Fine Gael backbenchers who aren't ministers is proposterous, it is absolutely unacceptable so I will be engaging again with the opposition whips and we will formulate a response and of course, Sinn Féin are taking independent legal advice on this matter."
He said he would be talking to the other opposition whips on the matter.
Yesterday, the party said it was seeking legal advice over the move by the Regional Independents, and that it expects to receive it by Monday.
Meanwhile, Independent TD Marian Harkin said that she understands that the group of Independents that negotiated the agreement for the new government will have access to ministers, but added that how privileged that access will be remains to be seen.
Speaking on RTÉ's Saturday with Colm Ó Mongáin, she said the situation was evolving and unique, but that the Ceann Comhairle was acting without fear or favour and was reasonable.
However she said that it was difficult to know exactly how it is going to work, but added that it needs to be worked out.
Solidarity-People Before Profit TD Paul Murphy said it was a case of the Regional Independents trying "to have their cake and eat it".
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."
