Can Michael Lowry be sanctioned for gesticulating at Paul Murphy?

LAST UPDATE | 26 Mar

FOR A MEMBER of the Dáil to be sanctioned for breaching the Oireachtas of code of conduct, another TD would first have to make a formal complaint, a spokesperson for the Oireachtas has said.

It is understood that no TD has been sanctioned in at least the last two decades for breaking the values outlined in the Oireachtas code of conduct, with TDs opting instead to withdraw remarks or apologise for particular actions.

Independent TD for Tipperary North Michael Lowry is in the spotlight for making a two-fingered gesture towards People Before Profit’s Paul Murphy, who was using his phone to film inside the Dáil yesterday.

Elected representatives are subject to a code of conduct that details how they present themselves in and deliver their contributions to the Dáil.

The document gives guidance to TDs on things such as offensive language and dress code.

Unlike standing orders, which are formal rules around the operation of the Dáil’s business, the code acts as a basic and common “set of values” that TDs are expected to uphold and respect while inside the chamber.

It gives the Ceann Comhairle responsibility for upholding order in the House and the right to consult parliamentary officials for guidance at times. It also stops TDs from crossing over the Dáil floor or across the chair when another member is speaking.

Mobile phone ‘discourtesy’ 

The tenth rule states that interference from mobile phones is a “discourtesy” to other members and distracts from the Dáil’s business. It rules that any phone brought into the chamber must be switched off or silent.

The twelfth rule makes references to threatening and offensive language and also outlines that “personal attacks, insults, obscenities, and expletives” are not considered orderly.

During Leaders’ Questions today, a number of TDs remarked on the video taken by Paul Murphy in the Dáil and the “two fingers” that Lowry was seen holding up towards the camera.

The Taoiseach equally condemned both politician’s actions today.

“Anybody who uses two fingers in this House to another person is wrong and that person should apologise,” he said. “That would apply to Deputy Lowry.”

“Equally, the opposition should face up and acknowledge that any deputy waving cameras in the face of other deputies is wrong and was never a part and parcel of Leinster House.”

The use of mobile phones inside the chamber is against order but it is routinely not adhered to as ringtones can frequently be heard throughout daily proceedings.

In recent years, the use of camera phones by TDs in the Dáil has also become more accepted.

Murphy has stated that he will not apologise for using his phone in the Dáil, arguing that the public have a right to know what takes place inside the chamber.

Lowry, however, released a statement today, in which he said that his gesture “was not made with malicious intent”.

The independent politician did not apologise for the action and described it as “an errant gesture under provocation”.

He added: “Unfortunately, the gesture has been taken out of context. Unlike others, I have always respected the rules and values of the Dáil. My gesture was not intended to be offensive or to cause any offence, and I regret that it may have been seen in such a way.”

For any TD to be sanctioned for their actions inside the chamber, a member must file a complaint about the behavior which will then be considered by the relevant committee, a spokesperson for the Oireachtas told The Journal.