Dáil debates

Tuesday, 22 October 2024

Seanad Electoral (University Members) (Amendment) Bill 2024: Second Stage

 

6:25 pm

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

I will say the point critically here. We are at the end of a political cycle and we can see the quietness around Leinster House today. This is a three-party coalition. There is no commitment in the programme for Government on Seanad reform. It is not there. Critically from all of our perspectives, it is important as we look towards our manifestos for the upcoming general election to include provisions for meaningful Seanad reform. On the point that Deputy Howlin made about ongoing engagement around meaningful political reform, we cannot stand still. It has to continue. We have to progress and keep up with changing times. That is hugely important. I agree wholeheartedly.

To address some of the specific points, Deputy Mitchell spoke on the expansion of the franchise to more voters and to qualifications beyond bachelor degree level. At present there are about 177,000 people on the registers for the NUI and Trinity College constituencies. The census data from 2022 indicates that over 900,000 Irish citizens living in Ireland had completed an ordinary bachelor degree or higher degree. Not all of these will be immediately included through the designation of institutions.

A high number of graduates outside the State would also be eligible. While we do not know how many of these people would choose to engage, even on current terms the Bill will result in a significant expansion of the electorate in Seanad elections. It is sensible to enable this initial expansion, putting in place the necessary processes and structures, while holding other aspects as they are, including the qualification, which is being retained at degree level.

Several Deputies mentioned the word "elitism". People who have been elected to the current Seanad represent communities from disadvantaged backgrounds as well. If we look at the work that was done to expand the technological universities, people such as myself got a degree from a relatively poor background, and that opportunity is now afforded to far more people through the expansion of technological universities and access to third level education. I disagree, therefore, with the suggestion it is elitist. There are greater opportunities than ever before for people to participate in our third level system, which is important to note.

I do not disagree with the points Deputy Howlin made about the mandate for reform of Seanad Éireann, and I wholeheartedly agree that the role of Seanad Éireann could and should be strengthened. He brought in brilliantly the context of why we have two Chambers but only one tier of local government. These are questions with which we all have to grapple politically. I thank Deputy Howlin, given this will be probably the last opportunity I get to do that, for the level of debate he has consistently brought to this Chamber for many years. His voice will be missed here.

It is important to have that wider role of civil society reflected in our political system. The notion of the constitutional convention is a sound one and I reiterate that we all need to include it in our manifestos for the upcoming general election. That is critical.

I also agree with the points raised by Deputy O'Callaghan. We need to keep in mind the fundamental point that political reform should always be on our agenda. It is vital that we keep in front of that.

I think I have addressed the main points that were raised. I accept that Deputy Mitchell has indicated that her party is going to vote against the Bill. As far as I understand, there are not any Opposition amendments on Committee Stage, but I accept her party's decision. The Bill is a step forward. It is not ideal or exactly what was demanded when the referendum was rejected narrowly in 2013, but I would like us all to embrace it in a spirit of accepting that it is a step forward. With An Coimisiún Toghcháin now in place, its research capabilities afford us an opportunity. The work now lies with the next Dáil to move further on Seanad reform.

I thank the members of the Oireachtas Joint Committee on Housing, Local Government and Heritage for their examination of the general scheme of the Bill during pre-legislative scrutiny. We have considered and responded to the committee's recommendations. When a Private Members' Bill on this very issue, the franchise for electing university Members, was being debated in the Seanad, I highlighted that while the programme for Government, Our Shared Future, does not make an explicit commitment on the issue of Seanad reform, I accepted that the issue of the university franchise, which has been outstanding since the seventh amendment to the Constitution in 1979, is among those that should be considered as part of any reform of the Seanad. On that basis, the Government did not oppose the Private Members' Bill.

The Bill before us today, therefore, is aimed at significantly expanding the franchise for electing the six university Senators. It responds to the Supreme Court rulings of last year that found sections 6 and 7 of the Seanad Electoral (University Members) Act 1937 to be unconstitutional because they are not consistent with Article 18.4.2° of the Constitution. These rulings require the Oireachtas to extend the franchise for electing the six university Members to one or more additional institutions of higher education for any Seanad general election to be held after 31 May 2025. While the court judgment allows for a period to remedy the problem, there is an urgency to putting this legislation in place in good time before 31 May 2025.

I believe that the Bill represents a positive reform of the Upper House. It proposes a significant expansion of the franchise for electing the six university seats. Irish citizens aged 18 and over and holding a degree from a designated institution of education will be eligible to register to vote, and that is a significant expansion. While some may favour wider reform, as I absolutely do, the priority at this moment is the urgent action required to respond to the Supreme Court judgment in order that legislation on electing Members to the six university seats will be compatible with the Constitution. This will ensure such Senators are legitimately elected.

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