Batt O'Keeffe (Cork South Central, Fianna Fail)

I make this reply on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche. I thank Senator Norris for raising this matter and for giving me an opportunity to set out the position on an issue which I know is of particular interest to Members of the House.

In accordance with section 9 of the Seanad Electoral (University Members) Act 1937, a registration officer for each of the university constituencies is appointed by the appropriate university governing body and is responsible for the annual revision of their respective registers.

I understand that, due to an administrative oversight, more than 700 valid applicants for inclusion on the current Trinity College register were omitted from it. Under the provisions of section 6(2) of the 1937 Act, only those on the register are entitled to vote. The subsection states, "No person shall be entitled to vote at an election in a university constituency unless he is registered as an elector in the register of electors for that constituency". The 1937 Act does not provide for a supplement to the register. The register is operative from 1 June 2006 to 31 May 2007.

It is clear in the circumstances that the persons omitted from the present register would not be eligible to vote in a Seanad election while that register remains in force, that is, up to and including 31 May 2007.

In light of the situation, the Minister, Deputy Roche, asked the college to submit a report on the issue and that has now been received. The college has investigated the circumstances involved and has reviewed the existing arrangements for compiling the register. On foot of that review, the report details changes that are being implemented in procedural and administrative practices to ensure an administrative error of this nature will not happen again. The university also confirms that the 700 or so persons involved will be included on the new register which comes into force on 1 June 2007 and will be eligible to vote in any Seanad election subsequent to that date.

In this regard, it is relevant to note the Taoiseach has made it clear on many occasions that this Government has every intention of completing its full term in office. Under Article 18.8 of the Constitution, a general election for the Seanad must take place within 90 days of the dissolution of the Dáil, therefore, in all probability, we are looking at a Seanad poll not earlier than July 2007. On this basis, the register on which the next Seanad general election will be held most likely will be the new register that comes into force on the 1 June next year and not the current register, which is giving rise to the present debate. There is no question but that the omitted names will be included on the new register.

Members of the House will be aware of the work of the all-party group on Seanad reform, which is chaired by the Minister, Deputy Roche. One of the current agenda items is the register for the election of Seanad university members. The Minister, Deputy Roche, this afternoon attended a meeting of the group where the matter was discussed. The group provides an ideal forum in which to consider these kinds of issues.

Senator Norris and others have suggested use of powers under section 164 of the Electoral Act 1992 to attempt to rectify the situation with the current register. Having considered the matter, the Minister, Deputy Roche, is satisfied that, on the information available, the present circumstances are not such as are contemplated by section 164 and therefore he is not in a position to make an order along the lines suggested.

In any event, as the Minister has already made clear, the current register is unlikely to be used for the Seanad general election next year. On the timescale as set out, the new register will be used for that purpose and will include the names of those omitted in error this year.