Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

On behalf of the Government I am here to introduce the general scheme of the Seanad electoral (university Members) (amendment) Bill 2014, which was published last month for consultation. When it is enacted, the Bill will reform arrangements for the election of six Members of the House by institutions of higher education in the State. While I welcome the opportunity to present draft legislation in this form, today's debate is not about what I have to say. I am more interested in what the Senators have to say. Last month I sent the Cathaoirleach a copy of the general scheme for the consideration of the Seanad, and I am here to listen to the views of Senators.

At present three Senators are elected by graduates of the National University of Ireland and three by graduates of the University of Dublin, Trinity College. The general scheme is an early but important part of the legislative process to implement the 1979 amendment to Article 18.4.2° of the Constitution to extend the right to vote to graduates of other colleges and universities. It will create one constituency with six representatives elected by the institutions of higher education in the State. It is estimated that up to 800,000 people will be entitled to register under the planned reforms. When the present arrangements were established in 1937, the National University of Ireland had 9,000 electors and Trinity College had 3,400. At the 2011 Seanad elections a total of 151,000 voters were on the combined registers for the two university constituencies. The reforms represent a significant expansion of the electorate and will make the election more democratic. The implementation of this constitutional provision could have been done at any point since 1979. The Government is now taking action to implement the will of the people.

The approach being adopted is for a broad definition of institutions of higher education to be applied in order to include universities, institutes of technology, and other higher education institutions and private colleges in the State. In publishing a legislative proposal in draft form in this manner, the Government looks forward to a public debate on its contents. As well as being discussed here today, the general scheme has been forwarded to the Joint Committee on the Environment, Culture and the Gaeltacht for consideration.

It says something about the diversity of third level education in Ireland today that my Department has identified 81 different colleges and universities to which a copy of the general scheme has been sent. Written submissions have been invited from these institutions. In addition, submissions have been invited from citizens and from any other interested individuals or groups. There is a deadline of Friday, 11 April 2014 for the receipt of submissions and all those received are being published on my Department's website. Some members of this House have already set out views on the issues addressed in the general scheme in the context of the three Private Members' Bills on Seanad reform published by Senators in 2013. I acknowledge the work of Senators in presenting those Bills.

In parallel with the consultation process that is now under way, there are practical issues that will need to be addressed in order to implement the planned reforms. Aside from questions of policy, the modalities of voter registration and the running of elections will give rise to particular administrative challenges, especially given the scale of change to the electorate that is envisaged. To progress work on these matters I have established a technical working group comprising departmental officials and nominees from stakeholder bodies. This group, which met for the first time last Friday, 7 March, will make observations on operational matters, including in respect of the creation and maintenance of a register of electors and the administration of elections in the new Seanad constituency, and issues of cost arising from the implementation of the proposed new electoral arrangements. The technical working group, which is chaired by my Department, includes nominees from the Department of Education and Skills, the National University of Ireland and Trinity College. The Irish Universities Association, Institutes of Technology Ireland and the Higher Education Colleges Association, which represents a number of private colleges, have also been invited to nominate a representative to participate. I have asked the technical working group to report back to me by May of this year.

Today's discussion is about the general scheme before us and it might benefit proceedings if I briefly outline its main provisions. The Bill proposes to amend the Seanad Electoral (University Members) Act 1937. There are eight heads. Head 1 is the standard initial section of a Bill. Head 2 provides for the election of six members in a newly-formed Seanad institutions of higher education constituency and defines the term "institution of higher education in the State", which is used in the Constitution.

Head 3 provides that a person who has been awarded a degree or equivalent qualification recognised through the National Qualifications Framework from an institution of education in the State will be entitled to register. In practice this would be the equivalent to what is known as a level 7 qualification in the framework. Head 3 also provides that the award must be validated by an awarding body in the State. Head 4 provides that there shall be one register of electors for the constituency and that the register shall be established and maintained by a registration authority designated by the Minister.

Head 5 deals with technical provisions related to voter registration following on from other sections of the Bill. Head 6 provides that the Minister shall appoint a returning officer for the constituency. Head 7 makes provision for new arrangements for the nomination of candidates to bring them more into line with reforms made in respect of other electoral codes. Head 8 makes provision for an alternative arrangement for the filling of casual vacancies based on the replacement candidates list system that operates for European Parliament elections in Ireland.

Having described the provisions of the general scheme, I look forward to hearing the views and ideas of Senators. It is open to any Member to make a written submission in addition to making comments here today.