Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Paul Kehoe, and commend Senators Katherine Zappone and John Crown for their work on Seanad reform. It was a pleasure to campaign with Senator Katherine Zappone and Democracy Matters for the defeat of the referendum on Seanad abolition in October. That defeat gives us a welcome chance and an imperative to reform. On both sides of the debate, there was an understanding that if the Seanad was to continue after the referendum, it should be reformed fundamentally.

I very much welcome the fact that a number of us met the Taoiseach on 18 December and that at that meeting a road map for progress - as a cyclist, I prefer to refer to it as a cycle path - was set out, which is reflected in the Government's counter motion which the Leader has proposed and I second. The Leader has stated there is common ground and that we are all united on the need for reform. The critical issue is how we go about it. After many years of debate it is imperative that we have a clear timeframe and plan to make progress on reform.

The Taoiseach has made it clear that constitutional reform of the Seanad will not happen in the lifetime of the Government. This sets out markers for what we can do. Looking at the constitutional articles on the Seanad we can see fundamental reforms can be carried out through in legislation alone. In a very welcome move the Government has at last commenced drafting legislation to implement the decision in the 1979 referendum on expanding the electorate for the university panels. As a university Senator, I welcome this and know all of my colleagues on the university benches do so also.

There are two other means of reform we need to examine and they are set out in the Government's counter motion. The first is operational reform, in other words, procedural reform of the Seanad, which will not even require legislation, for the most part. This is where it is proposed parties and groupings in the Dáil and the Seanad present proposals for operational or procedural reform to the Seanad Committee on Procedure and Privileges. The Leader has, helpfully, set out some of his own proposals for reform which are very welcome. It is worth noting that this Seanad has already instituted very important reforms such as the Seanad Public Consultation Committee, the extension of invitations to speak to MEPs and distinguished speakers such as Mrs. Mary Robinson, Mr. David Begg and others. It would be very welcome to see us having stronger links with the sectoral committees by inviting the chairpersons of committees to brief us on the work they do to ensure links are strengthened with the committees, just as they have been strengthened with the European Parliament through the issuing of invitations to MEPs. There are clear ways by which we can do this.

We all agree that we should have a greater role in the scrutiny of EU proposals, but we must be careful. The committees have a hugely important scrutiny role and we do not want to see duplication. As a member of the Oireachtas Joint Committee on Justice, Defence and Equality which is scrutinising EU matters while others and I are here, I welcome the Leader's proposals to try to ensure fewer time clashes. The committee scrutinises matters under the Justice and Home Affairs Directorate-General of the Commission. We must be careful, therefore, not to duplicate work. Seanad Standing Orders 99 to 103, inclusive, already reflect additional powers we have following ratification of the Lisbon treaty and we should look closely at how best we can implement these powers without trespassing on the work being done by the sectoral committees. We can issue reasoned opinions on whether EU legislative proposals comply with the principle of subsidiarity, but we must examine how best we can exercise these powers. I very much welcome the Committee on Procedure and Privileges taking on detailed consideration of these operational changes.

I wish to focus on other changes to the Seanad electoral system which might be carried out through in legislation. The Government's counter motion clearly sets out - this was the consensus at the meeting on 18 December - that a task force representative of various parties and groupings in the Houses of the Oireachtas will examine reform of the Seanad electoral system. We must ensure any reform is within the terms of the Constitution, but we can make fundamental changes without amending the Constitution. Two reform Bills, tabled by Senators Feargal Quinn and Katherine Zappone and Senator John Crown, have passed Second Stage and there is much common ground in the reforms they propose.

The Labour Party group in the Seanad has also tabled proposals to the parliamentary party which are under consideration on what we would like to see brought about by way of reform through legislation. We have suggested four headings under which reforms should be made, the first of which is reform to the university panels which is under way. The second is reform of the Seanad Electoral (Panel Members) Acts 1947 to 2006 to provide for the composition of the electorate for the five panels. I would very much welcome universal suffrage, as would my Seanad colleagues in the Labour Party group, and the proposal we have tabled is that the electorate comprise all of those resident in the jurisdiction, in other words, the local election register. How to organise this raises complex issues such as whether it would be a national panel. My colleagues and I believe it should be on a regional basis, perhaps in line with the European Parliament election constituencies. Would voters have to opt for one of the five panels or would they have five separate votes? These are the issues we would have to consider. We have suggested voters have five votes.

The third reform heading is how those on the panels should be nominated. We suggest that perhaps 500 persons whose names are on the Seanad electoral register be entitled to nominate, with the existing nominating bodies and local authorities. All of this would need to be thought through in some detail.

The fourth heading is the timing of Seanad elections. This would be a critical change that could be made through legislation and it would really transform the way in which the House did its business and how Members were elected. Under Article 18.8 of the Constitution, the Seanad election must take place not later than 90 days after the dissolution of the Dáil. Legislation could, therefore, provide, as some of the Private Members' Bills do, that the election take place at the same time as the Dáil election, thereby removing the propensity for many of us who fail to win seats in the Dáil election to then run for the Seanad. Serious logistical issues are raised about how a secret postal ballot would be organised on the same date as the Dáil election.

These are matters which require to be dealt with through the task force which should be given a clear timeframe to report to the Government. I ask the Chief Whip whether a clear timeframe can be set for the work of the task force. The Government's counter motion clearly sets out this timeframe for the task force and the cycle path for progress towards reform on the need for which we are all agreed.