Averil Power (Fianna Fail)

As Senator Paul Bradford pointed out, at least one third of Members are elected through the vocational panels and nominated directly by political parties because of the mechanism in place. Within each of the five panels one third of those elected must be nominated by the nominating bodies and one third must be nominated through the Oireachtas. There is a large number of persons elected to the House who are directly chosen by parties. The legislation applies to decisions political parties make in choosing candidates for Dáil elections. There is no practical reason it should not apply to those selected by their parties through the inside list. I appreciate, however, that there would be practical difficulties in the case of the nominating bodies, some of which only nominate one candidate.

There are practical issues. Senator Cáit Keane raised the case of Portmarnock Golf Club. I read about it and know it ultimately fell because the Equal Status Act provided a precise exemption of which the golf club was able to avail by stating it had been set up specifically for that purpose. The case was also informed by case law that the guarantee of equality under the Constitution could not be asserted against a private institution. While Senator Ivana Bacik's knowledge of these issues is far superior to mine, that is my understanding of the case. Senator Cáit Keane raised this issue in referring to what might present a difficulty in the case of Seanad elections. For a start, one cannot assert equality rights against a private institution and, presumably, also a political party. As to whether the State, by setting incentives for parties, is getting involved in the process, this is something the Minister has thought through. If it is constitutional in respect of other aspects of the Bill, it should follow that it has to be so in respect of the amendments we are proposing in regard to Seanad elections.

I take on board the good points made on the sunset clause. I will reflect on them before Report Stage and will not push the matter to a vote today. As Senator Ivana Bacik said, earlier research shows that what we need to is a change in culture. We hope other measures would not be necessary afterwards. That is still my instinct, but I will reflect on what Senator Aideen Hayden and others said.