SEANAD REFORM OPTIONS PAPER I BACKGROUND AND INTRODUCTION

SEANAD REFORM OPTIONS PAPER I BACKGROUND AND INTRODUCTION




Seanad Reform Options Paper


Seanad Reform Options Paper


I. Background and Introduction


The Programme for Government commits to determining the extent of cross-party agreement on Seanad Reform and to advance proposals for implementation, subject to Government approval.


The Seanad Reform All-Party Group met on 18 June 2008. The recommendations of the 2004 Seanad Reform report formed a basis for discussion. During this meeting it was agreed that a short options paper be prepared for the Group setting out the recommendations which could be considered without the need to resort to constitutional amendment. This paper focuses on those issues (see points 1 & 3 of the minutes of the 18 June meeting).


Recommendations of the 2004 Seanad Reform Report

The Report on Seanad Reform, by the Seanad Sub‑Committee on Seanad Reform, published in April 2004, sets out a package of recommendations for further consideration and action concerning the composition, functions and future role of Seanad Éireann. The Report’s recommendations range from areas which could be given effect by changes to Standing Orders, to changes requiring legislative change, to those which would require constitutional change via a referendum.


Chapter 6 of the 2004 Seanad Reform Report presents an implementation framework for the Report’s recommendation – see attached Annex.


Work of All-Party Group

The All Party Group, which was established in 2005 to consider the 2004 Report’s recommendations, focused initially on those changes which could be brought about by changes to Standing orders. The All-Party Group referred draft Standing Orders changes to the Seanad Committee on Procedure and Privileges prior to the 2007 General Election, with the intention that they be piloted as Sessional Orders. Owing to recent changes to the Oireachtas’ Committee structure, the Seanad CPP considered that it was not necessary to pilot the draft Standing Orders.


II. Options for Changes to Legislation


Options on Changes to Legislation

The recommendations on Seanad Reform which require legislation are listed on page 67 of the 2004 Report (see Annex). These are discussed below in the order set out in the Report; also included for discussion is the recommendation concerning the automatic re-election of the Cathaoirleach of the Seanad. It should be noted that some of the legislative changes are consequential on recommendations requiring constitutional amendment. The focus here, therefore, is on those recommendations, or elements of those recommendations, which could be pursued by means of legislation without the need for prior constitutional amendment.

1. Direct Elections

The Report recommends the direct election, by popular franchise, of 26 seats using a list PR system to a single national constituency.


This, however, would require constitutional amendment prior to further enabling legislation.


2. The Higher Education Constituency

The Report recommends the introduction of a single national constituency of 6 seats for the Higher Education Constituency, elected under the PR-STV system with the election taking place on the same day as European and local elections


The 7th Amendment of the Constitution already provides the constitutional basis for higher education constituency reform. Legislation to specify nomination procedures, franchise and registration of electors, method of voting, counting of votes, etc. would be necessary to implement the widening of the Higher Education Constituency. A significant job of work would also be entailed in compiling an electoral register of eligible voters for those graduates who have not attended Trinity College or an NUI University.


The alignment of Seanad elections with European and local elections would require constitutional amendment.


3. Indirect Elections

(a) Changes requiring constitutional amendment:

The Report recommends that 20 members of an expanded 65 member Seanad should be indirectly elected under PR STV to a national constituency, by county councillors, incoming Dáil Deputies and outgoing Senators. The indirect election should not occur later than 90 days after a Dáil general election takes place. Candidates should be nominated by 10 people on the register of electors for indirect elections and votes should be cast by postal ballot.


A constitutional amendment would be necessary to bring these changes about.


(b) Possible changes which do not require constitutional amendment:

Given the requirement for constitutional amendment to give effect to the recommendation for a single constituency for an indirect election to the Seanad, the alternative option is to consider the operation of the current panel system within the limits set out in the constitution. It should be noted that the Sub-Committee which prepared the Report took the view that reforming the panel system was not a viable option. (See discussion in pages 38 – 42 of the Report).


Currently, 49 members of the 60 member Seanad are indirectly elected from 5 panels of candidates having knowledge and practical experience of their respective panels. Article 18 of the Constitution provides that:


“Forty-three [Members of the Seanad] shall be elected from panels of candidates constituted as hereinafter provided.”


“Every election of the elected members of Seanad Éireann shall be held on the system of proportional representation by means of the single transferable vote, and by secret postal ballot.”

“Before each general election of the members of Seanad Éireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely:–

i National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of this panel;

ii Agriculture and allied interests, and Fisheries;

iii Labour, whether organised or unorganised;

iv Industry and Commerce, including banking, finance, accountancy, engineering and architecture;

v Public Administration and social services, including voluntary social activities.

Not more than eleven and, subject to the provisions of Article 19 hereof, not less than five members of Seanad Éireann shall be elected from any one panel.”

The statutory framework is set out in the Seanad Electoral (Panel Members) Acts of 1947 and 1954, as amended by the Electoral Acts of 1992 and 1997, and the Electoral (Amendment) Act of 2001. Inter alia, these Acts:










It would be possible to introduce amending legislation to change the current statutory framework (i.e. the 8 points listed above), within constitutional constraints. The Sub-Committee was sceptical about the possibility of achieving consensus on a reformed panel system however.


4. Taoiseach’s Nominees

The report recommends increasing the Taoiseach’s nominees to 12 to facilitate the nomination of an additional Senator from Northern Ireland.


Again this would require constitutional amendment before any subsequent legislation could be introduced.


5. Senior Public Appointments

The Report recommends that the Seanad should be assigned responsibility for the scrutiny of senior public appointments, to improve transparency.


Legislation would be required to identify the senior positions involved and to amend the relevant statutory provisions under which the positions are currently filled. In addition, legislation would be necessary to give effect to recommendations in the report in relation to reviewing the appointment file, meeting with the nominee, preparing reports for the appointing authority etc.


6. Houses of the Oireachtas Commission

The Report recommends legislation to amend the Houses of the Oireachtas Commission Act 2003 to provide for the membership of the Clerk of the Seanad on the Houses of the Oireachtas Commission. The Commission has statutory responsibility for expenditure, staffing and services in the Houses of the Oireachtas. The Clerk of the Dáil is a member of the Commission. The 2003 Act was sponsored by the Minister for Finance.


7. Automatic Re-election of the Cathaoirleach of the Seanad.

The Report recommends that provision be made to enable the Seanad Cathaoirleach to be deemed to be re-elected at a Seanad General Election as a Member of the House.


This would require constitutional amendment before any necessary subsequent legislation could be introduced.





An Roinn Comhshaoil, Oidhreachta agus Rialtais Áitiúil

Meán Fómhair, 2008

ANNEX


Chapter 6: Implementation Framework for Recommendations


RECOMMENDATION REQUIRING A CONSTITUTIONAL AMENDMENT


SIZE

Seanad to consist of 65 members - 32 directly elected, 20 indirectly elected, 12 nominated by the Taoiseach and the Cathaoirleach who would be deemed re-elected as a Member of the House.


ROLLING RENEWAL

Seanad to be renewed on a rolling basis with direct elections taking place on the same day as the European Parliament and local elections. Indirect elections to take place not later than 90 days after the Dáil General Election and the Taoiseach’s nominations to be made after the Dáil General Election.


DIRECT ELECTIONS

A single national constituency consisting of 26 seats elected under list-PR using the largest remainder system and in a manner prescribed by law.


HIGHER EDUCATION CONSTITUENCY

A single national constituency consisting of 6 seats elected under the PR-STV with the election taking place on the same day as the European Parliament and Local Elections (The 7th Amendment of the Constitution already provides the constitutional basis for this recommendation).


INDIRECT ELECTIONS

A single national constituency consisting of 20 seats elected under PR-STV and in a manner prescribed by law.


TAOISEACH’S NOMINEES

The Taoiseach to nominate 12 Senators in a manner prescribed by law.


AUTOMATIC RE-ELECTION OF THE CATHAOIRLEACH OF THE SEANAD

Provision to be made to enable the Cathaoirleach to be deemed to be re- elected at a Seanad General Election as a Member of the House.



RECOMMENDATIONS REQUIRING NEW LEGISLATION


DIRECT ELECTIONS

Legislation to specify nomination procedures, franchise and registration of electors, method of voting, counting of votes, etc.




HIGHER EDUCATION CONSTITUENCY

Legislation to specify nomination procedures, franchise and registration of electors, method of voting, counting of votes, etc.


INDIRECT ELECTIONS

Legislation to specify nomination procedures, franchise and registration of electors, method of voting, counting of votes, etc.


TAOISEACH’S NOMINEES

Legislation to make provision for two Senators to represent persons from Northern Ireland and to require the Taoiseach to have regard to the capacity of his nominees to represent emigrants, immigrants and under-represented groups in Irish society.


SENIOR PUBLIC APPOINTMENTS

Legislation to assign responsibility to the Seanad for the scrutiny of senior public appointments.


HOUSES OF THE OIREACHTAS COMMISSION

Legislation to amend the Houses of the Oireachtas Commission Act 2003 to provide for the membership of the Clerk of the Seanad on the Houses of the Oireachtas Commission.



RECOMMENDATIONS REQUIRING AMENDMENTS TO STANDING ORDERS


ATTENDANCE OF FORMER TAOISIGH

Former Taoisigh and Tánaistí to have the right to attend and speak, but not vote, in the Seanad.


LEGISLATIVE SCRUTINY

A formal system of public consultation to be put in place in the Seanad after first stage in the legislative process to allow for consultation with interested groups and individuals.


EUROPEAN UNION AFFAIRS

The Seanad to be given a new role in EU affairs with responsibility for assessing legislative and other proposals going before EU Councils, reviewing particular draft EU legislation, providing Irish MEPs with a domestic forum and developing a medium-term policy framework to address challenges and opportunities facing Ireland over the next ten years.*


* It may be considered appropriate to amend the European Union (Scrutiny) Act 2002 to underpin some of these measures.


PUBLIC POLICY

The Seanad to be the principal policy reviewer in the Houses of the Oireachtas, concentrating initially on medium-term economic and social planning, performance of Government Departments, State agencies and Semi-State bodies, Social Partnership and North-South Implementation Bodies.

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