Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am pleased to bring the Seanad Electoral (University Members) (Amendment) Bill 2024 before the House. There are three main components in the Bill. First, it proposes a significant extension of the franchise for electing the six “University” members of Seanad Éireann to graduates of designated institutions of higher education in Ireland who are Irish citizens, who have received a degree from a designated institution and who are aged 18 or over.

Second, it amends the system for electing the six university members, currently elected by graduates of the National University of Ireland and Trinity College Dublin through the two-seat constituencies. The Bill proposes the establishment of a new, single six-seat higher education constituency.

Third, the Bill provides that the National University of Ireland will be the central registration authority responsible for maintaining the register of electors. The central registration authority will appoint a chief registration officer. There is provision in the Bill for a registration officer in each designated institution of higher education, who will be required to assist the chief registration officer in the provision of information they hold so that an applicant’s claim can be verified.

Deputies will be aware that the Supreme Court delivered an important judgment in a case brought by a graduate of the University of Limerick seeking an extension of voting rights at Seanad university elections to graduates of other third-level institutions other than those of Trinity College Dublin and the National University of Ireland. In its judgment, the Supreme Court determined that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937, which provide for the election of members of the Seanad by certain university graduates, are unconstitutional because they are not consistent with Article 18.4.2 of the Constitution. The requirement to extend voting rights to other third-level institutions was established by the Supreme Court judgment. The Bill I am bringing forward addresses these issues.

I will now elaborate on the provisions in the Bill. Part 1 of the Bill, that is, sections 1 to 5, inclusive, addresses preliminary and general matters. Part 2 of the Bill, that is, sections 6 to 26, inclusive, provides the detailed legislative basis for the new higher education constituency along with establishing the franchise for the new constituency and detailed provisions around the registration of electors.

Section 6 provides for a new higher education constituency, which will elect six members and be comprised of the designated institutions of higher education, as defined by the Higher Education Authority Act 2022. It also provides that no person can vote more than once at an election in the higher education constituency. Part 2 also sets out the eligibility criteria for being registered as an elector. Section 7 provides that a person must be an Irish citizen, have reached the age of 18 years and have received a degree from a designated institution, or from institutions which have been dissolved and have had their functions transferred to a designated institution.

Sections 8 and 9 propose that the governing body of the National University of Ireland is to be the central registration authority and that it will keep a register of electors for the higher education constituency. The first register of electors will be published and come into effect on 1 April 2025.

Sections 10 and 11 in Part 2 provide for the appointments of a chief registration officer and a registration officer in each designated institution. Sections 12 to 19, inclusive, set out the detailed requirements for compiling and maintaining the register of electors. This includes the submission of claims to be on the first register of electors and detailing the information required by a claimant. There is provision for the chief registration officer to share the information received in a claim for the purposes of verifying the particulars submitted, including with the relevant designated institution and in the case of identifying particulars with the Minister for Social Protection. The chief registration officer is empowered to request further information from an applicant for the purposes of verifying eligibility to be on the register of electors.

Sections 20 to 23 provide for the reimbursement of expenses arising from the preparation and revision of the register; for it to be an offence to use the register for non-electoral or non-statutory purposes; for the establishment of a database of information relating to persons entitled to be on the register of electors; and for the sharing of information by the chief registration officer with a designated institution, the Minister for Social Protection, other Government Ministers or specific public bodies. Information would be shared to assist with maintaining the accuracy of the register of electors.

Part 2 in sections 24 and 25, also provides for the establishment of an advisory committee to advise the chief registration officer in relation to his or her functions. The final section in Part 2, section 26, provides for a role for An Coimisiún Toghcháin in relation to the register of electors, including in undertaking research and making recommendations.

Parts 3 and 4 include amendments to the Seanad Electoral (University Members) Act 1937. Part 3, sections 27 to 29, inclusive, includes an amendment to the Social Welfare Consolidation Act 2005 to ensure the NUI can process PPSNs. Part 4, section 30, sets out the amendments with regard to the conduct of by-elections in the period between 21 March 2025 and the date of the first Seanad general election with a higher education constituency.

Part 5, sections 31 to 40, inclusive, provides for the nomination of candidates and the filling of casual vacancies in the higher education constituency. It provides that the nomination of a candidate in the higher education constituency will require the assent of 60 persons who are registered electors in the constituency or the payment of a deposit of €1,800. It also provides that where a casual vacancy arises in the higher education constituency, the vacancy will be filled using a replacement candidate list system similar to what is in place for the filling of vacancies in the European Parliament.

Part 6, sections 41 to 45, inclusive, provides for expenditure by candidates in the higher education constituency’s elections. This Part amends the Electoral Act 1997 to provide for the reimbursement of election expenses up to the value of €13,750 to a successful candidate or to an unsuccessful candidate whose number of votes at an election exceeds one quarter of the quota. Section 43 provides for the insertion of a new section into the Electoral Act 1997 to provide that the limit of election expenses which may be incurred by a candidate be set at €55,000.

Part 7, section 46, provides for the necessary amendments to the rules for the counting of votes set out in the Third Schedule to the Seanad Electoral (University Members) Act 1937. These are consequential to the provisions in the Bill relating to the reimbursement of a candidate’s deposit and-or election expenses where the candidate is either elected or where the number of votes credited to the candidate exceeds one quarter of the quota.

The Bill's Schedule consists of 34 rules and sets out the registration rules for the higher education constituency. This includes the process for the annual revision of the register. The register will be revised by 31 May, with annual publication on 1 June. Importantly, there is provision in the rules to allow designated institutions to submit claims on behalf of and with the consent of persons to whom they have awarded a degree.

This Bill brings about significant reform of the process for electing Seanad university Members. It represents a significant expansion of the franchise for electing the six Seanad Members in question and, crucially, it addresses the issues raised in the judgments of the Supreme Court last year. I commend this Bill to the House.

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