Ó An Roinn Tithíochta, Rialtais Áitúil agus Oidhreachta
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The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, and the Minister of State with responsibility for Nature, Heritage and Electoral Reform, Malcolm Noonan TD, have welcomed the Government’s approval of legislation that will extend the franchise (electorate) for electing the six ‘University’ members of Seanad Éireann.
Graduates of any Designated Institution of Higher Education in Ireland aged 18 years or over who are Irish citizens will be eligible to be electors in a new six-seat ‘Higher Education’ constituency. Currently, the six University members are elected by graduates of the National University of Ireland and Trinity College Dublin.
Welcoming the Government’s approval of the legislation, which will be published shortly, Minister O’Brien said:
“This legislation will broaden the electorate for electing the Seanad’s six University seats to graduates from a range of higher education institutions through a significant expansion in the number of graduates eligible to register to vote. Amending existing legislation so that the franchise for electing these six Senators to one vote per graduate will enshrine the principle of equality of representation in the ‘Higher Education’ constituency.”
Under the revised electoral system envisaged by the Seanad Electoral (University Members) (Amendment) Bill 2024:
• a new six-seat ‘Higher Education’ constituency will replace the two existing three-seat ‘University of Ireland’ and ‘University of Dublin’ constituencies
• the franchise for electing the ‘Higher Education’ Senators will be extended to all graduates of Designated Institutions of Higher Education in Ireland who are Irish citizens who hold a degree and who are aged 18 or over.
• The National University of Ireland will be the Central Registration Authority (CRA) , responsible for maintaining the Register of Electors. The CRA will appoint a Chief Registration Officer (CRO) . There will be provision in the Bill for a registration officer in each Designated Institution of Higher Education, who will be required to assist the CRO in the provision of information they hold so that an applicant’s claim can be verified.
Also welcoming the decision, the Minister of State with responsibility for Nature, Heritage and Electoral Reform, Malcolm Noonan TD, said:
“Creating a new six-seat constituency for electing Senators to represent graduates of Designated Institutions of Higher Education should lead to more representativeness of our country’s graduates in the Seanad. The expanded franchise should help ensure different voices and ideas among our graduates are represented, keeping with the diversity of views the Seanad has long espoused. I look forward to seeing this legislation progressed in the Oireachtas.’
On 08 May 2024, the Department of Housing, Local Government and Heritage sent the General Scheme of the Bill to the Joint Oireachtas Committee (JOC) on Housing, Local Government and Heritage for pre-legislative scrutiny. The JOC published its report in July. On 17 May 2024, the Department conducted a four-week public consultation on the General Scheme.
• The six University Seanad Éireann seats are currently elected by way of two three-seat constituencies, as follows:
o A National University of Ireland (NUI) constituency, consisting of NUI graduates; and
o A University of Dublin constituency, consisting of Trinity College Dublin graduates and certain undergraduate scholars.
The election of these Senators is provided for under the Seanad Electoral (University Members) Act 1937. The legislation is underpinned by Article 18.4 of the Constitution. Sub-articles 2 and 3 of Article 18 of the Constitution were amended through a referendum in 1979.
• A Supreme Court judgment in 2023 ruled that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937 were unconstitutional because they were not consistent with Article 18.4.2 of the Constitution, as amended. The Court deemed that the manner in which the proposal to amend Article 18.4.2 of the Constitution was framed and put to the people by way of referendum in 1979 indicated that it required some action to subsequently amend the rules on the franchise for electing university members. On 26 July 2023, the Supreme Court made an Order to suspend the making of a declaration of invalidity of sections 6 and 7 of the Seanad Electoral (University Members) Act 1937 until 31 May 2025. In effect, new legislative provisions in relation to the franchise for electing the six University seats must be in force from 31 May 2025.
• The Bill will provide that the first Register of Electors for the new ‘Higher Education’ constituency will be published on 01 April 2025. The Bill will provide that this register be an accurate register of those who are qualified to vote on 23 January 2025. The provision requires that the annual Register of Electors shall be published on 01 June and include those qualified on 26 February of the same year. Full details regarding registration will be publicised in due course.