The Labour Party has prepared a draft submission to the Ceann Comhairle that opposes some of the Regional Independents from sitting in opposition.
Three members of the Regional Independents Group are seeking opposition speaking time and resources through a Dáil technical group, despite agreeing to support the incoming Government.
The members include Michael Lowry, Gillian Toole and Barry Heneghan.
Kerry TD Danny Healy-Rae - who is not a member of the group but is supporting the Programme for Government - is also appealing to be part of the technical group.
The TDs argue that this should be permitted as they will not have ministerial positions.
Sinn Féin, the Labour Party, the Social Democrats and People Before Profit-Solidarity have prepared a draft submission objecting to Regional Independent TDs sitting in opposition.
'Disingenuous'
On Newstalk Breakfast, Labour TD and Party Whip Duncan Smith described the move from the Regional Independents Group as "disingenuous".
"You can’t draft a Programme for Government and then have some of your members declare themselves to be opposition and get opposition time, opposition resources, leaders questions and committee chairs and committee places," Deputy Smith said.
"Nobody in opposition wants to deny true opposition members speaking time - we would come up with mechanisms to allow that.
"But what is disingenuous here is that these members who are supporting a Programme for Government want to present themselves as some kind of fake opposition."
Deputy Smith said the public have objections to this move from the TDs.
"People are talking about this - we can see it on social media," he said.
Labour and other opposition parties are now in the "final phase" of drafting their submission, which will go forward today or tomorrow.
"That's going to go to the Ceann Comhairle whose ultimate decision it will be to allow this request from the Regional Independents Group," Deputy Smith said.
The TD said the Ceann Comhairle's decision on this matter will be her "first big test".
Feature image: Members of the Regional Independents Group during a media brieifng on Government formation at Leinster House, Dublin, Gareth Chaney / © RollingNews.ie