John Gormley (Dublin South East, Green Party)

The recommendations include the widening of the franchise for the higher education constituency in Seanad Éireann. The current restriction of the Seanad university seats to three elected by graduates of the National University of Ireland and three by Trinity College graduates has been acknowledged by all parties as anomalous. The Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Act 1979 permits the extension of the higher education franchise, in a manner to be provided by law, to other institutions of higher education in the State. The 1979 amendment was originally introduced to facilitate the intended break-up of the NUI. However, legislation was not introduced or enacted to give effect to the constitutional amendment as the break-up of the NUI did not subsequently occur.

I have previously stated in this House that I am anxious to make progress in this area as 30 years have passed since the 1979 amendment. It is time to give it effect by extending the higher education constituency. The current arrangements exclude the graduates of the majority of third level institutions despite the fact that a constitutional amendment was passed in 1979 to broaden the scope of the franchise beyond Trinity College Dublin and the National University of Ireland to other institutions of higher education in the State. Aside from the disparity between graduates who are entitled to vote and those who are not, the system has been criticised because it confers a basic democratic right to certain people and therefore denies it to others solely on the basis of educational achievement. However, given the constitutional opening, reform should focus initially on the area of widening the third level franchise.

Clearly, the whole question of Seanad reform is a core element of the wider debate on democracy and the political process. The 2004 report acknowledged that it has considerable political implications and that difficult decisions will have to be taken involving sensitive political matters. The report argued that if progress is to be made there is an urgent need to accept the political reality that Seanad Éireann must be reformed if it is to make a viable and distinctive contribution to the economic, social and political affairs of our country.

I am anxious to see Seanad reform advanced based on all-party consensus before the election of the 24th Seanad. I chair the all-party group which includes representatives of the Independent Senators. The aim of the group is to establish, in a small number of meetings, the extent of cross-party agreement on the 2004 report's recommendations. It has met twice, most recently in October 2008. Notwithstanding different perspectives concerning specific changes, the general view of its membership is that reform is necessary. During the course of its deliberations four possible options were identified.

One option is an enabling amendment of the Constitution to permit subsequent reform by legislation and the replacement of the detailed provisions currently in the Constitution with a simpler enabling provision which would allow greater flexibility to reform the electoral process by legislation and would be similar to the Dáil provisions. It would also avoid the requirement to gain consensus on all issues in relation to a future electoral process at this point. Notwithstanding the potential flexibility of such an approach, a number of complex issues would still need to be addressed, such as the Taoiseach's nominations and the timing, system of, and eligibility for elections. A view would also have to be taken on the likely acceptance by the public of an open-ended referendum without a clear indication of the nature of the proposed reforms.

Another option is the expansion of the higher education constituency, which I referred to earlier. A further option is the assignation of responsibility for the scrutiny of certain senior public appointments to the Seanad. Considerable thought and development would be necessary to refine the idea of how the Seanad would perform such a role, especially the identification of the senior positions involved. The rationale of assigning such a role to the Seanad while excluding the Dáil would also need to be explained. The appointments process would also need to comply with due process and modern recruitment standards.

A final option is providing for the membership of the Clerk of the Seanad on the Houses of the Oireachtas Commission. It has statutory responsibility for expenditure, staffing and services in the Houses of the Oireachtas.

The group agreed to consider the four issues in consultation with their respective political parties following receipt of a paper scoping out each issue. Group members agreed to respond in writing prior to the next meeting of the all-party group. I will circulate the scoping paper to the group this week.

I look forward to receiving the views of the group and its respective parties. I will set a short deadline for receipt of these written submissions, with the final meeting of the group to follow immediately thereafter. If consensus cannot be reached it is my intention to introduce legislation by the end of this year that is as close as I can identify to such consensus. Part of such legislation will include the extension of the university franchise to ensure elections to the 24th Seanad will be conducted with an increased electorate.

In response to Senator O'Toole, I know he has received representations, particularly from former students of the University of Limerick, and I understand that was one of the reasons he wanted to hold a meeting there. I know there is now some concern that this change will not go ahead. I thank the Senator for his representations and I assure him it will go ahead. There is no question about that. There is consensus on this matter.