Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I thank Senator Cummins for raising this issue and for his engagement with the all-party group on Seanad reform. I welcome the opportunity to deliver the Government's response to the Seanad Electoral (Panel Members) (Amendment) Bill 2008 and to speak more generally on the reform of the Seanad. Senator Cummins has outlined the provisions of the Bill and I will not dwell further on these points at this time.

In considering changes to the manner of election of Seanad Members, we must begin with first principles, which in this instance is the role of the Seanad. As one of two Houses in a unitary, as opposed to federal, system of government, the Seanad has two principal purposes. It provides representation for political interests that may not be adequately represented in the Dáil and it can improve the legislative process. The part of the legislative process which takes place in the Seanad allows for further consideration prior to the enactment of Bills. The Seanad's existence also allows for additional deliberation by a group of legislators who can offer different perspectives from those of the Dáil. The question that must be asked is whether the Bill would contribute to the performance by the Seanad of its intended role.

Before outlining the Government's position on the Bill I would like to discuss briefly the electoral system of the Seanad. The three Seanad Electoral Acts of 1937, 1947 and 1954, with relatively minor subsequent amendments, define the Seanad's electoral system. The design of the electoral system reflects the desire to incorporate a very strong element of vocational representation. Six Members of the Seanad are elected by the two university constituencies and 11 are nominated directly by the Taoiseach. The remaining 43 Members are elected from five panels, each of which is divided into two sub-panels comprising, respectively, candidates nominated by at least four Members of the Oireachtas and candidates nominated by registered groups in the five spheres of culture and education, agriculture, labour, industry and commerce and administration. As such, the panel system elects 72% of the Seanad's membership. Of the 43 panel seats, seven Members are elected by the administrative panel, which is composed of candidates having knowledge and practical experience of public administration and social services, including voluntary social activities. In the 2007 Seanad general election, three of the seven Senators elected from the administrative panel were from the nominating bodies sub-panel and four were from the Oireachtas sub-panel. The candidate nominated by the Association of City and County Councils was not elected but the nominee of the Association of Municipal Authorities of Ireland was, as Senator Camillus Glynn can attest.

The 1947 Act includes a provision for the establishment and maintenance of the register of nominating bodies, which is performed annually by the Clerk of the Seanad in his or her capacity as Seanad returning officer. Section 8(2)(h) of the 1947 Act states that: "the Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the register in respect of the administrative panel without application, and no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character". Since 2007, the Irish County Council General Council has been known as the Association of County and City Councils, ACCC. Notwithstanding the change in name, the ACCC continues to enjoy the right of automatic inclusion on the register and was included automatically in the 2007 register of nominating bodies. It should be noted that no other organisation enjoys the right of automatic inclusion on the register of nominating bodies. Other organisations are ineligible for inclusion unless, in the opinion of the returning officer, they have objects which primarily relate to or are connected with the interests and services of the relevant panel; they perform activities which are mainly concerned with such interests and services; or their members are representative of persons who have knowledge and practical experience of such interests and services. Section 8(2)(h) ensures that, aside from the ACCC and the AMAI as the two local government organisations, nomination rights to the administrative panel are reserved for organisations which are concerned with voluntary social services of a charitable character.

Local government plays a significant role in Seanad elections. First, the two local government associations are automatically included in the register of nominating bodies. Second, in a Seanad general election, to elect 43 panel members, the local government sector casts a significant proportion of the votes. Every city and county councillor has a vote and the remainder of the electorate is composed of Members of the incoming Dáil and the outgoing Seanad. The electorate numbers approximately 1,000, of whom 800 are county and city councillors. As such, the local government system collectively enjoys a numerically decisive position in terms of electing the 43 panel seats, which constitute more than 70% of the Seanad.

The Government opposes the Bill for three principal reasons. The Bill presupposes that an amendment to the Seanad Electoral (Panel Members) Act 1947 is necessary to cater for the change in the name of the General Council of Councils to the Association of County and City Councils. Such an amendment is unnecessary. The Seanad returning officer has confirmed that the ACCC is included in the annual register of Seanad nominating bodies as a matter of course. Indeed, the ACCC exercised its nominating rights at the 2007 Seanad elections notwithstanding the change in name earlier that year. Enactment of unnecessary legislation is clearly not appropriate.

The second element of the Bill is a provision to include the Local Authority Members Association, LAMA, in the register of nominating bodies for Seanad elections. The Government is of the view that it would not be desirable to make piecemeal changes to the Seanad electoral code at this time. Decisions in that regard will be a matter for the Government, having regard to the commitment in the programme for Government on an electoral commission. I will speak further about the work of the electoral commission shortly. The Government does not consider that the proposal is appropriate given that LAMA represents councillors in their own right rather than the collective interests of local authorities. As such, LAMA is distinct from the ACCC and the AMAI. As I have stated, local government interests have a significant input to the nomination of panel candidates and the election of Seanad Members. Collectively, county and city councillors are the primary shapers of each Seanad. I understand the Clerk of the Seanad has disallowed numerous applications by LAMA for registration as a nominating body.

The automatic inclusion of another councillors' body as a nominating body would not sit well with the current imperative towards retrenchment and rationalisation in public administrative structures and processes generally. We are all familiar with the national economic context. The local government sector must take an important place in the process of public service reform that is essential to restoration of our public finances and our economy generally. As Members will be aware, a dedicated Cabinet committee has been engaged in finalising the policy decisions to be included in a White Paper on local government which the Minister for the Environment, Heritage and Local Government intends to publish at the earliest opportunity following completion of the Government's deliberations. In the meantime, it would not be appropriate to speculate on the likely specific contents of the White Paper. It will address relevant issues in regard to local government powers, functions and structures. The development of the White Paper will take full account of the views expressed in the extensive consultation process that has taken place, centred on the publication of the Green Paper, and will also have regard to relevant policy developments, reviews and publications, including the report of the special group on public service numbers and expenditure programmes and the report of the Local Government Efficiency Review Group. The Government will bring forward robust proposals to provide for a rational, responsive and efficient system of local government in keeping with today's economic realities and fit to meet the daunting challenges that lie ahead, with structures relevant to the 21st century.

The programme for Government contains a commitment to the establishment of an independent electoral commission and identifies a range of responsibilities which the commission will be mandated to fulfil. Under the programme, the electoral commission will incorporate the functions of the Standards in Public Office Commission, with enhanced powers of inspection, and will have wide-ranging responsibilities. It will be in a position to decide constituency boundaries; administer the voting registration process; run voter education programmes; advise on mechanisms to increase the participation of women in political life, including the use of additional criteria for public funding which encourages more women and lesser represented groups; and recommend revised guidelines on the declaration of donations for political purposes.

Under the programme, the electoral commission will also propose reforms to the electoral system, including making recommendations on the feasibility of extending the franchise for presidential elections to the Irish abroad; examining and making recommendations for changes to the electoral system for Dáil elections, including the number of Deputies and their means of election; outlining new electoral systems for Seanad Éireann; advising on the basis for European elections to reflect new realities of the role and influence of the European Parliament, including consideration of moving towards one national constituency and using a list system; making recommendations on the possibility of extending the franchise for local elections to those aged 16 or over; and setting minimum standards for the taking and publication of political polls within the State to ensure fairness and accuracy.

The Minister, Deputy Gormley, is currently giving consideration to setting up an electoral commission on a non-statutory basis in the first instance. Setting up such a body on a non-statutory basis would allow it, for example, to conduct research and to bring forward proposals on the establishment of the full electoral commission, including transitional arrangements for the transfer of responsibilities and functions. It could also advise on the drafting of the necessary legislation. I also understand that the Minister intends to discuss further the outcomes of the all-party group on Seanad reform with Cabinet colleagues. In this context, it is not desirable to conduct piecemeal change to electoral codes, including that of the Seanad.

Notwithstanding the Government's opposition to the Bill, I pay tribute to the role of the local government associations. As a former chairman of the general council at a time when we were also grappling with major economic challenges, I am especially conscious of the part they have played in local government. I was also national assistant secretary of LAMA in my time. Over the years, the Ministers and officials in the Custom House have maintained a close working relationship with local authority elected members through the three local government representative associations - ACCC, AMAI and LAMA. This includes regular meetings, contacts and discussions, formal and informal. As part of this ongoing engagement, the Minister, Deputy Gormley, met the three associations jointly in May of this year to discuss a broad range of matters of concern. At the meeting, the Minister indicated his intention to deepen that engagement by way of regular meetings as well as the provision of briefing for the associations on EU legislation. It is intended to have the first such meeting in the new year.

The engagement and input by the local government associations in the ongoing work of policy development concerning local government matters is also greatly appreciated. I know, for example, that the Green Paper on local government, Stronger Local Democracy - Options for Change, and the report of the Local Government Efficiency Review Group have benefited considerably from the perspectives of the local government associations.

Given the national economic context, it may be a timely moment for the three local government associations to consider whether a merger would be to their benefit and to the common good. A merged organisation, speaking with one voice on behalf of local government, could give greater weight to the voice of local government and contribute to efficiency and effectiveness. The Oireachtas has provided for such a unified body to represent local government and its elected members under section 226 of the Local Government Act 2001. I say this as a staunch advocate of local government and of the local authority associations in which I have a strong background. In 1988, I was involved as chairman of the general council, with other organisations, in extensive discussions to create such a body. All involved engaged genuinely at that time under the chair and support of the Institute of Public Administration. There was constructive debate, consultation and engagement, and while some of those who were involved are no longer involved in local government, some are still involved. It was a worthwhile experience, although it did not come to fruition on that occasion.

I asked previously whether the Bill would meaningfully contribute to the performance by the Seanad of its intended role. For the reasons I have outlined, the Government holds that the Bill would not so contribute and it therefore opposes it. On the wider issue of the role of the Seanad and the contribution of the House to national life, I expect the work of the electoral commission will enhance the position of the Seanad.

I note the position of Fine Gael in regard to the future of the Seanad. That position is not shared by the Government which appreciates the work of the Seanad. At this time, it is incumbent on every component of the State to re-examine the contribution it makes to the common good. I urge the members of this House to consider how the Seanad can maximise its contribution in helping to address the difficulties we face. This surely would be the most effective way to refute those who question the usefulness of the House.