Written answers
Tuesday, 3 October 2023
Department of Housing, Planning, and Local Government
Seanad Elections
Holly Cairns (Cork South West, Social Democrats)
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369. To ask the Minister for Housing, Planning, and Local Government if, in light of the Supreme Court ruling in March that the Seventh Amendment of the Constitution mandated the Houses of the Oireachtas to expand the franchise of university seats in the Seanad, he intends to introduce Seanad reform measures prior to the next Seanad Éireann election. [42580/23]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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In a judgment earlier this year the Supreme Court determined that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937, which sets out the current legislative provisions governing the election of university senators to Seanad Éireann, are unconstitutional because they are not consistent with Article 18.4.2 of the Constitution. The Supreme Court suspended its declaration of invalidity until 31 July 2023 in the first instance.
Following the principal judgement in the case, the Court invited submissions from the parties as to the length of time required to address the issues identified in the principal judgment. Following its consideration of these submissions the Court (on 26 July) further suspended the declaration of invalidity until 31 May 2025.
In order to respond fully to the Supreme Court judgments, my Department is currently considering the judgments with a view to preparing options for consideration by the Government. This work is being progressed as a matter of priority in my Department.
The Government's Legislation Programme for the Autumn Session contains a Seanad Electoral (University Members) (Amendment) Bill as legislation for priority drafting during this session. The Bill will provide for amendments to the 1937 Act following the Supreme Court judgments.
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