'Landmark' ruling on Seanad university-vote laws
The Supreme Court has upheld a challenge to the constitutionality of the laws governing the elections of Seanad University Panels.
The challenge was brought by a graduate of the University of Limerick, Tom谩s Heneghan, who was represented by Free Legal Advice Centres (FLAC).
Delivering judgment, described the case as 鈥渋mportant and difficult鈥.
The applicant had claimed that Seanad 脡ireann has, since 1979 or shortly thereafter, been composed in violation of the Constitution, as it breached , which was inserted in 1979 after a referendum.
1937 act
This amendment suggested that the Seanad franchise should be extended to other universities, but this change never occurred.
Instead, the Seanad has been elected based on the provisions of the .
鈥淓verything has proceeded since as if nothing had changed,鈥 Mr Justice Murray stated.
The State side had argued that article 18.4.2 gave the Oireachtas the power to change the electorate, leaving it to the Oireachtas to decide if, when, and how this might happen.
Legislation
The Supreme Court concluded, however, that the amendment 鈥渕andated鈥 the introduction of legislation to change the existing system, which allows for three members each to be elected by graduates of the National University of Ireland and Trinity College Dublin.
鈥淭he Oireachtas was given a very broad discretion as to how it went about this task. However, at a minimum, that reconstitution of the Seanad electorate had to result in the inclusion in that electorate of one or more institutions of higher education other than (but in addition to) NUI or TCD,鈥 Mr Justice Murray said.
The court concluded that sections 6 and 7 of the 1937 act were 鈥渋nvalid, having regard to the provisions of the Constitution鈥.
The court, however, has suspended its declaration of unconstitutionality until 31 July 2023, recognising that reconstituting the Seanad electorate after the judgment will take time.
鈥淭he court will receive submissions from the parties as to the length of time required to allow the issues identified here to be so addressed,鈥 the court added.
Call for 鈥榮peedy鈥 action
Speaking after the ruling, Heneghan said: 鈥淚 hope the Oireachtas now acts speedily to ensure that the democratic right to vote in Seanad elections is extended to all, regardless of educational or socio-economic background.鈥
FLAC described the judgment as 鈥渉istoric鈥, with Chief Executive Eilis Barry congratulating Heneghan on his 鈥渃ourage, fortitude and persistence in taking this landmark case for democracy, equality and the rule of law鈥.
FLAC Managing Solicitor Sin茅ad Lucey commented that the judgment confirmed that the Oireachtas could not ignore the outcome of a referendum.
鈥淭he significance of the case goes beyond the issue of votes in the Seanad as a profound reflection on a democratic nature of the State,鈥 she added.