Paschal Mooney (Fianna Fail) | Oireachtas source

Again, going back to the Danish model and the wider context of the democratic deficit in Ireland, the document prepared by the Library and Research Service states that, "It should be noted that local government is stronger in the Scandinavian countries with greater powers and autonomy than is the case in Ireland and that in all four parliaments [which is the four Scandinavian countries] the committee systems are strong". Rather interestingly, there are bicameral legislatures in 40% of the countries in the Inter-Parliamentary Union, in 56% of OECD countries and in 13 of the 27 member states. In European Union states with unicameral parliaments, lower houses have alternative checks and balances, such as powerful committee systems, which make it difficult for governments to rush through legislation. No proposal along those lines is contained in any of the "reform" proposals that have emanated from Government so far. There has been some tinkering around the edges but I have not seen any element of the Executive power being relinquished by one iota.

The argument about the abolition of the Seanad not performing a role envisaged for it in the Constitution and that its partisan nature means that it offers little additional opportunity for improved legislative security needs to be looked at. I referred earlier to George Washington's famous speech about a cooling period. That is the essence of this House and what it should be about. The other argument that is used in its favour is from a former Tánaiste and Minister for Justice and Equality, Mr. Michael McDowell, who said that the Seanad considered legislation is a far more bipartisan spirit or, perhaps more correctly, a non-partisan spirit than the Dáil. He argued that introducing major reform legislation in the Upper House had the effect of defusing the adversarial atmosphere in the Dáil as the more contentious issues had been explained and resolved in an amicable way in the Seanad. While our political differences show on occasions in the House, because we are a political Chamber, I have never been able to understand people who have been appointed to the Seanad and said it was not a political chamber. Of course it is a political Chamber. Despite that, there is an understanding across all sides when a Minister presents legislation that it is the spirit of the House that comes out the strongest. The spirit and the desire of the House is that when the legislation leaves this Chamber, it is enhanced and people find they do not have to score political points most of the time when it comes to the legislative model presented here. Of course, there will be negativity about the Government proposing and the Opposing opposing. However, I am talking about the level and content of debate in general.

The Ministers who come to the House with Seanad Bills, as distinct from Dáil Bills, usually do so in the knowledge that when they leave this House, they will be considerably enhanced. The most recent example was the Animal Health and Welfare Bill which was introduced by the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, who is a regular visitor. Other Ministers have also been mentioned. That was one example of a Bill, when it eventually got back to the Dáil, had been subject to amendment by this House and which the Minister took on board, and more than 75% of the amendments emanated from this House. It was debated for some time with the support of the Leader who ensured sufficient time was provided, because he realised its importance and that it was not a hugely contentious Bill to the point where there would be a row between the Government and the Opposition. He understood it from his own experience and I am sure he gave that advice, as I am sure he has done on other occasions. I was aware of that because with Senator Brian Ó Domhnaill, I was a central contributor to the Bill. That was the most recent example of complex and very comprehensive legislation.

There are constitutional safeguards that need to be examined.

The significant role given to the Seanad by the Constitution to safeguard democracy is sometimes under-rated. In the removal of the Comptroller and Auditor General and judges and the impeachment of the President, the thresholds required to support resolutions of the Dáil have been increased in the Bill to reflect the loss of the Seanad's check on the Lower House's power. I am unsure as to whether the Judiciary is happy about this. That the Judiciary stated its opposition to this measure was unprecedented.

Another constitutional check, the power of the majority of the Seanad and a third of the Dáil to ask the President to put legislation before the people, is proposed to be removed. There are anticipated implications for Dáil reform stemming the abolition of the Seanad, but this is as far the document before us, which is comprehensive and runs to some 43 pages, goes. It is the only line on parliamentary reform that is relevant.