Joanna Tuffy (Labour)

I support the Fine Gael position on this Bill. I firmly believe the Bill is unconstitutional and that I and my fellow Senators have a duty to uphold the Constitution. I agree with Senator Bannon's submission on the constitutionality issue. For example, Article 15.14 requires that no person may, at the same time, be a Member of both Houses of the Oireachtas. If any Member of one House becomes a Member of the other House, he or she is deemed to have forfeited his or her first seat. Similarly, in Article 12.2, if a Member of either House of the Oireachtas is elected President of Ireland, he or she is deemed to have vacated his or her seat in the House.

Why was it deemed necessary to spell that out in the Constitution rather than in ordinary legislation? I believe it was because of the important role of the people in the Constitution, which derives its validity from the people. Similarly, elected public representatives and governments obtain their mandate and validity from the people, from whom our authority and powers ultimately derive. The right of citizens to vote in Dáil elections is enshrined in the Constitution. For that reason, I believe there is no way to compel a Deputy or Senator to give up his or her seat other than through the Constitution, on the grounds that he or she has been elected to one of the other Houses.

In Article 28 A(2), local government has been similarly enshrined in the Constitution. Directly elected local authorities are subject to the provisions of the Constitution and the right to vote is given to every citizen who has a right to vote in Dáil elections and such others as may be determined by law. As in the case of the Oireachtas, the mandate and powers for local government come from the people. Indeed, the mandate is even broader than that for Dáil elections in that, under European law, non-nationals may stand for election to local authorities, once they meet the same legal criteria as national candidates. On that basis, I do not believe local councillors can be compelled to give up their seats once they are elected, unless that is provided for in the Constitution. Nobody would suggest that an elected Deputy or Senator could be compelled to give up his or her seat. Why should we feel free to do so in legislation in relation to county councillors? The legislation itself—