Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Members for their contributions. I thank Senators Malcolm Byrne, Casey and Cassells for bringing forward this Bill and all the Senators who contributed to the debate. While the programme for Government, Our Shared Future, does not make an explicit commitment on the issue of Seanad reform, it is recognised that the issue of the university franchise, which has been outstanding since the seventh amendment to the Constitution in 1979, is among those that should be considered as part of any reform of Seanad Éireann. On that basis, and as indicated by the Minister of State, Deputy Noonan, when he spoke during this Second Stage debate, the Government is not opposing the Bill on Second Stage.

However, the Government's immediate goals in respect of electoral reform are set out in the programme for Government, Our Shared Future. A number of significant reforms have been brought forward by way of the Electoral Reform Act 2022, which was enacted in July of this year. The Act provides for a number of significant reforms, including the establishment of an independent, statutory electoral commission. It also provides for the modernisation of the electoral registration process, provides for new regulatory provisions to ensure transparency in online paid political advertising and provides a role for the commission in tackling online misinformation and disinformation during electoral events. It facilitates the holding of electoral events during Covid-19-type restrictions and introduces same-day island voting.

The short Bill before us presents a complex proposal, and a number of questions arise which will need further consideration. The proposed amendment to section 6(1)(c) of the Act of 1937 would appear to give the Minster the power to address many of these issues by way of making regulations. It may be more appropriate, however, to address these issues in the Bill. There appears to be no clear definition in the Bill as to what is meant by "institutions of higher education in the State", which is the term used in Article 18.4.2° of the Constitution. That would need to be defined. Detailed consideration would need to be given as to what third level qualifications should be recognised as confirming a right to vote. Should it be a degree and a diploma, as set out in the Bill, or should a certificate be included?

A related question arises as to what type of appeals process should be in place for determining whether or not the qualification is adequate. Also, would there be a difficulty with third level courses undertaken in Irish institutions of higher education by Irish citizens where the awarding authority is not Irish? These are not straightforward questions and need to be teased out a little further as we go through this process.

At present, we have two university constituencies of three seats each, both of which have their own register of electors. With a widening of the franchise, it would need to be decided whether each institution would hold its own register or whether there should be one centralised register and how such a register or registers would work in practice. There is no provision in the Bill for a returning officer for the proposed new higher education constituency. Consideration would need to be given as to who would hold this role or if there would be more than one. The Constitution provides that Seanad elections must be conducted by postal ballot. Extending the franchise as proposed would lead to a significant increase in the number of postal ballots than is the case at present.

I note that costings for the Bill need to be examined further.

I raise these issues absolutely not for the sake of finding fault with the Bill but to demonstrate the range of issues we now need to examine as we address the Bill as it goes through the Houses. Once again, I thank Senators for all their contributions and acknowledge the contributions that were made this afternoon.