Seanad university panel elections deemed unconstitutional
The Supreme Court has ruled that university electoral panels for election to Seanad Éireann are unconstitutional.
Six members of Seanad Éireann are elected to the upper house of the Oireachtas by graduates from specific universities: Trinity College Dublin; University College Dublin; University College Cork; University of Galway; and Maynooth University. A case taken by Tomás Heneghan, a graduate of the University of Limerick – one of two universities in the State before the consolidation of the institutes of technology into technological universities that did not elect a member of the Seanad – challenged this arrangement, stating that limiting the access to these panels and the laws governing such elections to the Seanad alone was unconstitutional.
Seven Supreme Court judges delivered their judgement on the case in March 2023, with only one – Peter Charleton – dissenting against the majority opinion that the Oireachtas has failed in its obligation to expand the franchise in this case to those from outside of certain universities.
Immediate action on a ruling as serious as the constitutionality of certain seats within a house of the Oireachtas has been avoided due to the fact that the execution of the order issued by the Supreme Court was suspended until 31 July 2023 to allow interested parties to make submissions to the Court regarding the reforms necessary. Any such actions arising from the ruling will thus be ruled upon and enacted following the conclusion of this period.
The issue has arisen from the failure of successive governments to implement the result of a 1979 referendum on the Seventh Amendment of Bunreacht na hÉireann. The passage of the amendment means that all educational establishments should be included in the Seanad elections, but this was never enacted into law. Counsel for the Government had argued to the Supreme Court that there was no need to change the law because the amendment allowed the Government to change the electorate if they believed it to be necessary, rather than an amendment that compelled the Government to change the electorate.
In welcoming the Supreme Court decision, Seanadóir Malcolm Byrne stated that a bill brought forward by him to extend the right to vote to graduates of other third-level institutions has government support “in principle”. “It is now a matter of urgency that action is taken in advance of the next Seanad elections and that the will of the people 44 years ago is given effect. This will be a significant measure in reforming the Seanad franchise,” Byrne said.
