The action has been brought by opposition TDs Brid Smith, Richard Boyd Barrett, Gino Kenny and Paul Murphy against Ceann Comhairle Seán Ó Fearghaíl.

The four have commenced judicial review proceedings arising out of attempts to bring forward their bill seeking to change Dáil rules to allow more opposition bills to pass.

The TDs argue that over 50 opposition bills have been blocked by the Government refusing to grant a “money message” under article 17.2 of the Constitution.

Their action came before Mr Justice Garrett Simons this morning, who directed the application for permission to bring their challenge before the courts is heard in the presence of lawyers for the Ceann Comhairle.

The judge adjourned the matter to 2.30pm this afternoon.

The four TDs, represented in court by John Rogers SC, seek an order quashing a decision made by the Ceann Comhairle on Monday to refuse to place a motion submitted by Deputy Smith on the Order Paper of Dáil Éireann.

They seek a temporary order from the court requiring the Ceann Comhairle to suspend the effect of his refusal and to restore the motion to the order paper.

The TDs also seek various declarations including that the Ceann Comhairle acted outside of his powers by failing to place the motion on the order paper, that the TDs are entitled to have the motion appear on the order paper so the motion can be debated in the Dáil.

They further seek declarations that the refusal breached their constitutional rights and their rights under the European Convention of Human Rights.

Mr Rogers told the court that it is his client’s case that the Ceann Comhairle’s decision has the effect of preventing a debate in the Dáil which is of profound importance to them.

Mr Justice Simons, after hearing submissions from counsel, said that he was prepared to adjourn the matter to this afternoon to allow the application for leave to bring the challenge on notice to the Ceann Comhairle.

The judge said he was not making any findings at this stage of the proceedings and in particular if this was one of those rare cases where a matter before the Dáil can be interfered with by the courts.