Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 3:

In page 3, lines 18 and 19, to delete “as determined by the Minister” and substitute “as provided for by law”.

Amendment No. 2 is a technical amendment to insert ""Act of 1947" means the Seanad Electoral (Panel Members) Act 1947;" into the definitions section. I will come to my amendments in this grouping in due course. If we are serious about Seanad reform and giving every citizen a vote for this House, which they value - they saved it in 2013 - we will need to look at those vocational panels as referenced in the amendment.

Amendment No. 3 relates to a broader issue with the legislation, namely, that it gives a large amount of discretion to the Minister when it comes to the electoral law and process the Bill seeks to establish. The amendment seeks to amend the definition of "university constituency" in section 1 by amending the provision that: "“University Constituency” and the “Universities Constituencies” means all graduates of universities in the State, and of institutions of Higher Education in the State, as determined by the Minister." I do not think this is the intention of the proposer or the Minister but the Bill could have the effect that a future Minister could determine that a certain institution does not meet the definition and graduates of that institution would not, therefore, be entitled to vote in the university constituency. I am proposing that we replace the phrase "as determined by the Minister" with "as provided for by law" in order that the right to vote is firmly secured in the legislation and the decision on who gets to vote is not left to determination by a Minister. I hope colleagues will support this constructive amendment and similar amendments tabled in order to ensure that we are creating a robust electoral system.

Amendment No. 5 relates to a similar issue in the proposed new section 6. Section 6(1) currently states:

All Universities in the State, and Institutions of Higher Education in the State as provided for by the Minister, shall be a constituency (in this Act referred to as the University Constituency) for the election of six members of Seanad Éireann.

The phrase "as provided for by the Minister" is not appropriate. While I recognise that the Government has certain powers with respect to the establishment of universities under the Universities Act 1997 and the Technological Universities Act 2018, we need tighter language in this regard. The phrase "as provided for by law" would cover this element because it would deal with circumstances where the Government decides to establish a university under either Act but firmly links this to its legislative basis, which of course may change, rather than giving carte blanche for recognition to a single Minister.

There is also an issue in that the Minister named in this Act is the "Minister for Local Government", which is appropriate as he or she has responsibility for electoral law. However, it is inappropriate in this context. Section 9 of the Universities Act 1997 gives the power collectively to the Government to establish additional universities and section 36 of Technological Universities Act 2018 gives the power for establishment orders to the Minister with responsibility for further and higher education. The phrase "provided for by law" is a much clearer provision because it would allow for higher education institutions established by law, currently a power given to the Government in legislation, to be recognised within the constituency rather than there being some form of an additional legal hurdle in the context of recognition by the Minister with responsibility for local government. I urge that both amendments be accepted because they would greatly improve the legislation.