Seanad debates

Wednesday, 25 November 2015

Seanad Electoral (Amendment) Bill 2015: Second Stage

 

10:30 am

Photo of Paschal MooneyPaschal Mooney (Fianna Fail) | Oireachtas source

I welcome the Minister of State, Deputy Phelan, to the House once again and thank her for her response. My friend and colleague, Senator Wilson, will respond to her response in further detail. I also commend Senator Wilson on his initiative in this regard. This is an issue which has cropped up informally over the past number of years. The fact it has been brought forward in a legislative proposal is welcome. I particularly welcome the Government's decision not to oppose the Bill on Second Stage.

I am probably somewhat unique, although my late mother always thought I was unique, as I was re-elected in a by-election in 2010.I was very fortunate because I happened to be a member of the Government party at the time which had an in-built majority in both Houses. Unlike the case of our friend and colleague, Senator Harte, the vacancy was declared as a result of the sudden death of an esteemed friend and colleague, Peter Callanan, who was from Innishannon in County Cork, ar dheis Dé go raibh a anam. Once it became apparent that there was a vacancy that had to be filled, my biggest challenge involved convincing my own party that I was good enough to be nominated and I was not the only person who was of that view. There were a number of individuals who were lobbying very hard to be nominated. As this was a new experience for me, I learned very quickly that the decision was not made by the parliamentary party. It was in the gift of the Taoiseach and the leader of the party. I assume the same would be true of the other parties represented here in a similar situation. Therefore, I had to convince the then Taoiseach, Brian Cowen, that I was worthy of consideration. Again, I knew that others were plighting their troth in the same direction. Fortunately, I was nominated by the then Taoiseach to whom I was eternally grateful, as indeed was my wife, family and bank manager.

Levity aside, that was the biggest challenge and it brought home to me that I felt I had more of a mandate in the subsequent general election where I was elected by the councillors, Deputies and Senators than the one I had through this closed church of Deputies and Senators in these Houses. This does not in any way cast any reflections on those who have gone before or come after me, as in the most recent example. It was just that my feeling at the time was that when I got elected in the normal way, I felt I had a more secure mandate whereas the others seemed to be a bit temporary.

This is why I support this initiative. I know I speak for everybody in this House when I say that the one thing we all know from talking to councillors around the country is that they jealously guard their right to vote in Seanad elections. They do not see it as a chore. They see it as a very important responsibility and something they jealously guard.

I found Senator Norris's intervention earlier rather amusing when he spoke about people being whipped into line. Senator Cummins was nodding in the same way as us. Anybody who has gone through a Seanad election knows that councillors are very independent-minded people and are more likely to react negatively to any imposition from the top down than from the bottom up. They do so quite regularly. Without going into too much detail, it has happened over the years in all the parties represented in this House. It is vitally important not only for councillors themselves who are on the outside looking in for by-elections but for the entire system of election to the Seanad. Extending the franchise to all councillors would strengthen the credibility of the Seanad.

In the same vein, I have often wondered why no Government since the foundation of the State has decided to have by-elections to fill vacancies in local authorities rather than having it done by agreement. Those of us who have served on local authorities know that depending on who the member is and the party or grouping he or she represents, there is an agreement that if it is a resignation or death, the vacancy is filled by a person from the same party or grouping. A by-election is held in England. A candidate needs to go out on the hustings and I think it is something that should be given worthy consideration.

I do not want to in any way to dilute the importance of this Bill by straying into other areas. I just wanted to put down a marker that I believe that it is vital for the democratic system as a whole and its credibility among the public, which has perhaps taken an increasingly closer look at how the Seanad operates since the referendum than it did before. I am sad to say that this is not something that is reflected in the mainstream media and I wish it was. It has been an old bugbear that the media tends to undervalue this House. I compliment the Leader of the House. This House has initiated a vast corpusof legislation over the past five years yet by the time it gets to the other House six months later, as far as the media is concerned, it is a new Bill whereas in fact, it has been debated here. One of the most specific examples was the Water Services Bill. The Leader of the House ensured it received line-by-line debate in this House over three or four days yet the public perception as fuelled by the media was that there was no debate. That is only one example. I am not defending the Bill. I am merely using it as an example of what goes on. This initiative will help to enhance the value, role and status of this House and I commend it.

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