Government reaction to referendum defeat is rapid, but may not be radical

The Government’s decision to give all third-level graduates a vote in future Seanad elections represents a rapid response to the electorate’s rejection of its plans to abolish the Upper House.

The big question is whether the creation of one six-seat constituency for all graduates, instead of the current two three-seaters that cater for National University of Ireland (NUI) and Trinity College graduates, is the first step in a wider programme of Seanad reform or an end in itself. A move to give all third-level graduates a vote in Seanad elections is long overdue considering that the Constitution was amended as far back as 1979 to allow this to take place.

There must be a suspicion, though, that the decision to finally implement that 1979 decision after the long delay has something to do with the fact that all of the six current university Senators campaigned loudly for a No vote in the referendum.

Given their high personal profiles, the outgoing university Senators could well be re-elected in this new and much bigger constituency, but reaching out to a wider electorate will certainly represent a challenge for them. One of the reasons why it has taken so long to extend the university franchise to all third-level graduates is that it proved impossible to get agreement among the existing university Senators on what kind of system should replace the old one.

A round of consultation will now begin on how the franchise will be extended but the Government has set out clearly how it intends to proceed and wants the new third-level constituency to be established in time for the next election.

It will be interesting to see whether the Government shows the same degree of urgency in attempting to widen the electorate for the five vocational panels that elect 43 of the 60 members of the Seanad. It is doubtful if any attempt will be made to restrict the ability of the Taoiseach of the day to nominate 11 Senators of his choice, as the Constitution clearly provides for that so that a Government can be assured of a relatively secure majority in the Upper House.

After the referendum defeat, a group was established in the Department of the Taoiseach to devise response that would take account of the electorate’s decision, in the light of the calls for Seanad reform issued by a number of No campaigners.

No agreement
The problem is that there was no agreement during the campaign about what reform should look like. Senators Feargal Quinn and Katherine Zappone published a Bill allowing for the extension of the vote to all citizens over 18 as well as Irish people living abroad and those in Northern Ireland entitled to citizenship.

Senator John Crown also published a Bill on Seanad reform designed to extend the vote to the whole electorate and Irish citizens living abroad. Both bills envisage people voting on in the current five panels, which are referred to in the Constitution. They are the administrative, agricultural, cultural and educational, industrial and commercial and labour panels. At present the electorate for those panels is composed of county councillors, Dáil deputies and outgoing Senators. Both Bills are currently being examined by officials in the Taoiseach's office along with other potential reforms, and the outcome of those deliberations is expected to emerge shortly.

The Taoiseach has indicated that he will meet the other party leaders, along with their Seanad representatives, to discuss the various options at some time in the next few weeks. The question of extending the franchise to the whole population will feature in those discussions but it does not appear that there is a huge appetite for this in Government.

However, it is likely that serious look will be taken at the role of the various panels in the Seanad to establish if an enhanced role might be available to them under the current constitutional and legal provisions.

One suggestion is that the members of individual panels be given a new role in taking the lead in debates that feature their area of expertise. Senators have traditionally been defined by their party allegiance rather than their panel membership.

Special responsibility
Another proposal that has been made in the past is that the Seanad be given a special responsibility to discuss European legislation and have a role in discussing meeting of the North South Ministerial Council and the British-Irish Council.

The Taoiseach has already promised that an increased number of Bills will now be initiated in the Seanad and the target is to have half of all Bills started in the house during the remainder of the Government’s term of office. Additional time for private members’ Bills is also on the agenda.

Another change that has been mooted is the introduction of a pre-legislative review process in the Seanad. That would involve Ministers bringing the heads of Bills to the Seanad for discussion and debate before they are then drafted into legislation. Such changes are among a range of suggestions that have been made since the Taoiseach addressed the Seanad shortly after the referendum.

Whatever happens, it is unlikely that the demands for dramatic changes in the way the Seanad is elected and for significant changes in its powers are likely to emerge in the lifetime of the Coalition.