Letters

A shadow over the constitutionality of Seanad elections

Co-opted temporary councillors

Sat Apr 08 2023 - 00:14

Sir, – Justine McCarthy writes about how the Supreme Court finding that the university constituencies in Seanad Elections are unconstitutional will take effect in July (“What makes a Greek scholar qualified to choose a senator?”, Opinion & Analysis, April 7th).

She points out that this means that the Government must legislate to fix this before the summer recess. She likens this to putting a sticking plaster on the problem.

There is another problem in relation to the constitutionality of Seanad elections that might need fixing. This arises from new local government legislation that was passed last December. That legislation permits temporary councillors to be co-opted to councils in substitution for sitting councillors who take periods of temporary absence. The problem is that under section 44 of the Seanad Electoral (Panels) Act 1947 members of every council have a vote in Seanad elections. It appears to me that under section 44 a situation could arise that when temporary councillors are in situ during Seanad elections that both they and the councillors on temporary absence will have votes. This would lead to an inequality of votes and be in conflict with the constitutional requirement that Senators be elected under a proportional representation single transferable vote system.

I wrote to both the Taoiseach and the Minister for Housing and Local Government at the beginning of the year to point out that this might lead to Seanad elections being unconstitutional. I received a reply from the Minister in March that he had received legal advice that a constitutional issue did not arise.

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However, he added “in an effort to put this issue beyond doubt, the Department, working with the Office of the Attorney General, is currently considering whether it may be appropriate to amend the 2022 Act to make express provision dealing with the exercise of the functions of a member during a temporary absence”.

So it appears to me that the Government might need a bigger sticking plaster to make sure the next Seanad elections are constitutional. – Yours, etc,

Cllr JOANNA TUFFY,

Lucan,

Co Dublin.

Sir, – Justine McCarthy’s article on the democratic shortfalls of the Seanad is a timely reminder that the so-called upper house of the Oireachtas is, and always has been, a missed opportunity.

She is right in everything she says. But the reform required must be root and branch.

Groups of senators should be voted into office not only by graduates of all the universities, north and south of the Border, but by the trade unions, the employers’ federations, the arts and sciences, the churches, the professions, immigrants and other key interest groups, each of which would put forward agreed candidates in accordance with centrally approved procedures. The Taoiseach and other party leaders would continue to put forward nominations, but only from among those who intend to make a positive, long-term contribution. No one regarded as Irish by the Constitution would be excluded. In this context, I would invite at least five nominees from the main political parties in the North: Sinn Féin, the SDLP, Alliance, UUP and DUP.

I would suggest 10-year terms, renewable once only for five years. I can’t see the point in some members being directly elected if others are not. This would only create a two-tier Seanad.

Nor do I think TDs should have anything to do with who gets in and who doesn’t. They cause enough trouble already.

What we need is a serious and dedicated body that owes its loyalty to the Irish people as a whole while drawing on a unique wealth and breadth of experience and expertise.

Such a Seanad would be a good thing that would quickly earn the respect of the nation. But, of course, it won’t happen. – Yours, etc,

WALTER ELLIS,

Plusquellec,

France.