Katherine Zappone (Independent) | Oireachtas source

I welcome this opportunity to speak on Seanad reform and in particular to hear the considered views of my colleagues. I thank the Leader for his very prompt and gracious response to Senator Quinn's request for this time to allow Senators to put on the record their initial responses to our document that argues for retention and radical reform of Seanad Éireann through legislation. This session of formal consultation is an integral aspect of our preparatory work on a Seanad reform Bill and to which Senator Quinn referred.

My motivation for being involved in this effort is rooted in my experience of being a Member of the 24th Seanad, led by Senator Cummins and in my examination also of rigorous research analysis such as that of Professor Michael Laver who makes the argument that there exists a potential transformed role for the Seanad if it were to be elected directly and if its remit were to be extended to include significant responsibilities such as the oversight of EU legislation. As we have argued in the document, these kinds of changes would enable Seanad Éireann to fulfil finally the role envisaged for it by the designers of the Constitution.

Has our legislative function faded, as the Taoiseach put forward two years ago in support of his proposal to abolish the Seanad? My experience in the past 18 months does not provide evidence for such a statement. Senator Quinn referred to a number of Bills put forward, including his own Construction Contracts Bill which it is hoped will be passed before Christmas. Senators Crown, van Turnhout and Daly have put forward the Protection of Children's Health from Tobacco Smoke Bill 2012, drawing on their unique and professional expertise and receiving critical attention from the appropriate Ministers. If passed - and I hope it will be passed - it will save lives. Senator Power's Employment Equality (Amendment) Bill 2012, raised a prime social issue of our time and engaged a range of sectors of civil society in our public deliberations. Although defeated, the Bill made a significant contribution towards equality for lesbian and gay people. Senator Bacik's introduction of an immense work on the Electoral (Amendment) (Political Funding) Bill 2011, ensured its historical passage and it will make a very significant contribution to the participation of women in politics and will consequently increase the vibrancy and health of our democracy. There are many other examples but I hope that these few in these past number of months make the point that our legislative function, particularly with regard to the generation of new law, is alive and well.

In spite of this, should Seanad Éireann be abolished and if the Government is intent on putting this question to the people - the Leader has just indicated that intention - surely there should be some substantial thought given to how this would impact on the Dáil's powers and the Constitution. Senator Quinn has referred to the 75 separate amendments that would have to be made or the deletion of entire articles if the Seanad were abolished. Should that substantive thought not be given prior to putting it to the people? That would be responsible governance. Senator Quinn and I would want to call on the Government to publish a White Paper on how it would abolish the Seanad and the impact of that, if it is intent on going with this route.

Our document reminds us that all the 11 reports examining the Seanad since 1937 never called for abolition; they all called for reform. However, the difficulty with these previous reports is there was no follow-up, no implementation. In part, that is because perhaps these documents focused on proposing constitutional change and big schemes for constitutional change have seldom been implemented. Our document emphasises implementation by focusing on implementation of political reform through legislation. It can be implemented within months if need be. We have already moved on this process.

We held a meeting with former and current Members last Friday. We will continue to consult with party leaders, group leaders, nominating bodies, other civil society organisations. We have already begun the task of drafting the Seanad reform Bill 2013 and we have had offers of assistance on a voluntary basis from an expert group. We invite all Members of the Seanad to participate actively in the consultation process. We are listening carefully to their views and we need those views even during the drafting process and the benefit of their expertise in order to put forward the strongest possible Seanad reform Bill that could enjoy the widest possible support in both Houses of the Oireachtas. We hope to publish a general scheme for the Bill before the end of the year and a draft Bill which we will invite all Senators to sign early in 2013.

We hope to initiate the Bill in this House shortly thereafter.

It is important to emphasise what can be achieved by way of legislation. It is possible to make the Seanad more democratic and representative of the knowledge and expertise our citizens hold. We can, for example, dramatically expand the electorate entitled to vote in Seanad elections in accordance with the one person-one vote system, as suggested in our paper. It is a sobering thought that the electorate for the vocational panels in 2011 was 1,092. We can change how candidates are nominated to stand for the panels by initiating a dramatic expansion of the nominating bodies. I only discovered the full remit of the administrative panel - incorporating public administration and social services, including voluntary and social activities - when I consulted the Constitution in researching this paper. That panel includes only 14 nominating bodies. Given the growth in expertise of the voluntary and community sector over the years, the potential involvement of these organisations and additional nominating bodies could allow non-mainstream voices to become part of Seanad Éireann. Participation by marginalised communities in our formal political structures is a goal that could be achieved by way of Seanad reform. What we are talking about is a reorganisation of the organising principle of representativeness. We could, for instance, transform the university panel by entitling all third level graduates to vote, thereby rendering it less elitist. We could allow for residents of Northern Ireland or the Irish abroad to vote for some or all of these seats. As other speakers suggested, the Seanad could be given enhanced functions in terms of oversight of European legislation, an issue the Leader is pursuing.

The precise format of the Seanad reform Bill 2013 will, as Senator Quinn observed, very much depend on the outcome of the consultation process. We are calling on the Taoiseach to put aside the proposal to abolish the Seanad and instead allow time for a Seanad reform proposal that would incorporate changes in terms of how this House is elected. We further request that all Senators and Deputies be given a free vote on the reform Bill.