David Norris (Independent) | Oireachtas source

There is virtually unanimous agreement that reform is necessary but will we get it? At present, the party system has the Senate in thrall and it is highly unusual for political parties to yield power. According to the Fianna Fáil leader, Deputy Micheál Martin, as reported in The Irish Timeson Saturday, 7 May:

First of all, the Oireachtas needs to be freed from the absolute control which government currently has on its work. Few parts of the Constitution are ignored as much as article 28.4.1 which states that: "The Government shall be responsible to Dáil Éireann." In practice the Taoiseach and his ministers exert near total control over Dáil.

In the Senate, the control is not just total it is in fact complete. A proper reform of the Senate requires visionary imagination. Yet how can anyone defend a system under which at the last by-election some months ago a seat in our national Parliament was won with a total electorate of a mere 200 votes. We hear a great deal of talk these days about new politics but as a long-time observer of the political scene, I can only say that I see little sign of this.

Instead we have the indecent spectacle of individuals and parties jockeying for political or personal advantage under the guise of the national interest. The only targets so far for reform have been the university constituencies. It is proposed that the existing constituencies of Dublin University - Trinity College - and the National University of Ireland should be abolished in favour of one single third level super-constituency of six seats.That would mean the end of Trinity College Dublin representation in the Seanad. Dublin University has a proud record of being represented in the Irish Parliament in an unbroken line since the 17th century and I believe its representatives, from Dr. Noel Browne to Owen Sheehy-Skeffington, Professor W. B. Stanford, Mary Henry and Mary Robinson, have done the State some service. Moreover, part of the inspiration for the establishment of the Seanad came from the Provost of Trinity College Dublin at the time. Were the Government’s proposals to be accepted, it would lead to a constituency of 850,000 to 1 million voters, thus eliminating the independent voice and leaving the way open to invasion by the political parties. The ludicrous nature of this scheme is further exposed by the fact that it would leave the 43 panel seats with 1,000 voters and the Taoiseach’s 11 nominees with one vote. The whole nature of the Taoiseach’s 11 nominees is repulsive to democracy and renders the Seanad, at base, a political arena.

In the weeks since the general election the fact that the positions of Cathaoirleach and Leas-Chathaoirleach have already been decided and commented on in the media opens up the democratic system to ridicule. The positions of Cathaoirleach and Leas-Chathaoirleach should be decided in a free and secret ballot of the whole House. There is widespread clamour for a system of "one person, one vote", as is already the case in the university constituencies. A great deal would be achieved in the way of democracy if the nominating bodies for the panels were to be revised and brought into the 21st century and a vote given to their ordinary membership. We would then have something for which Deputy Micheál Martin has called, "an independent and professional chamber".

The purpose of the Seanad is not to defeat the Government but to advise it. There is also a lot to be done in revising the Standing Orders of the Seanad. For example, while Standing Order 30 provides for the raising of a matter of national importance during the day's business, this is something that is virtually never allowed. I remember raising the matter of an ESB strike, but it was held by the then Cathaoirleach not to be of national importance, while simultaneously in the other House, the then Taoiseach, Mr. Charles J. Haughey, was declaring it a national emergency. The Cathaoirleach should as a matter of course be required to give the reasons for his or her decision.

In addition, on matters of conscience, Members should be allowed a free vote in the Seanad. I found it regrettable when Members of this House were expelled from their party for openly expressing their view on abortion, albeit one with which I did not agree.

A great deal of legislation has been passed by the House, some of which derived from non-Government sources, but such Bills are routinely left hanging after the passage of Second Stage. In the future they should automatically be referred to the appropriate committee for further examination.

It may seem to Members that I have taken a strong line in defence of the idea that the Seanad, if it is to perform its proper function, very badly needs revision and reform. I make no apology for this. I am not known for concealing my ideas, even when they are controversial, and believe that if the Seanad is to survive and perform its function in the interests of the people, the matter of its reform must be urgently addressed. I very much hope all Members will give careful thought to this matter and express their opinions clearly and courageously in what will be the most important debate ever to take place in this House.

I have pleasure in welcoming every Member, congratulating them and their families on their election and wishing them a happy and productive period in Seanad Éireann, however long or short that may be.I will now accept a proposer and a seconder-----