Bicameralism: Seanad Éireann and OECD countries No.1 2012 Editorial Contents This Spotlight locates Seanad Éireann within the Editorial 1 global family of second chambers. Federalism Executive summary 2 and large populations are the normal predictors of bicameralism, so Ireland is unusual for having Prevalence of bicameralism 3 a second chamber. Bicameralism in the Ireland 5 The following comparisons with the second Bicameralism in the OECD 8 chambers in unitary countries of the OECD are Does bicameralism matter and 10 striking: how does it matter? Second chamber reform and The composition of the Seanad is unique. cameral change 13 Bibliography 15 The weakness of the Seanad is not unusual. Typically in the OECD the second chambers are subordinate to the first chambers. While Seanad reform has long been on the agenda the debate has now moved from reform No liability is accepted to any person arising to abolition. There is a referendum on the matter out of any reliance on the contents of this paper. Nothing herein constitutes professional planned for later in 2012. advice of any kind. This document contains a general summary of developments and is not 31 January 2012 complete or definitive. It has been prepared for distribution to Members to aid them in their Social Science & Parliamentary Affairs Team Parliamentary duties. Authors are available to discuss the contents of these papers with Library & Research Service Members and their staff but not with members Central Enquiry Desk: 618 4701/ 4702 of the general public. Executive Summary Ireland has a long history of A survey of the composition and bicameralism, largely influenced by legislative powers of the second Westminster. Each of the chambers in the eleven unitary states constitutional frameworks drafted for of the OECD yields some interesting Ireland in the twentieth century results: included a bicameral parliament. In terms of size, all are Reform of the Seanad has been significantly smaller than their debated almost since its respective lower chambers, establishment. That debate has now except UK House of Lords. moved on to abolition. Since 2009 it has been Fine Gael policy to abolish All have terms equal or longer the Seanad. Seanad abolition was than the lower houses, with advocated by the Labour Party, Fianna rolling renewal in four cases. Fail and Sinn Fein in their 2011 election manifestos. Abolition of the In most cases the second Seanad is Government policy with a chambers are directly elected. referendum planned for 2012. The previous Government (Fianna In most cases composition is Fáil/Green Party) also considered based on regional or provincial holding a referendum to amend the representation whether directly constitution to abolish the Seanad. or indirectly elected. The issue of second chamber Only in Italy do both chambers reform/abolition is commonly debated enjoy equal powers. In all in countries with bicameral other cases the second parliaments. During the twentieth chambers have legislative century thirty countries have abolished powers subordinate to that of a second chamber. Abolition has the other chamber. They can occurred either by the overthrow of usually delay but not veto authoritarian regimes or through legislation and have powers to processes of political reform. initiate legislation (except financial legislation). The evidence suggests that bicameralism is not on the decline. There are studies which have found Currently, 40% of parliaments in the positive effects of bicameralism on Inter-Parliamentary Union (IPU) have parliamentary democracy in terms of two legislative chambers. Within the representation, the process of thirty-four developed countries of the legislative bargaining, the quality of OECD nineteen have bicameral legislation and oversight of the parliaments (56%) and eleven are in executive. The effects appear to unitary countries. depend on the composition and powers of the second chamber and it Federalism and population size are the seems that composition may be most most significant indicators of important. bicameralism. In the OECD Ireland and Slovenia are the only unitary countries with bicameral parliaments where there is a population less than 10 million. 2 Prevalence of Bicameralism There are bicameral legislatures in 78 bicameral, one (Belgium) is also of the 193 (40%) countries in the Inter- federal. Parliamentary Union. Only four of the fourteen OECD countries with populations of less Bicameralism is even more common in than ten million are bicameral. Two the OECD and the EU: are also federal (Austria and Nineteen of the thirty-four countries Switzerland). in the OECD have bicameral Ireland and Slovenia are the only parliamentary structures (56%). small (population less than There are thirteen bicameral 10million), unitary states with parliaments in the twenty-seven bicameral parliaments in the EU member states (48%). OECD. Federal states and those with large It has been suggested3 that a populations are the most likely to bicameral structure is too expensive have bicameral parliaments. Table 2 and/or redundant for countries with illustrates this for OECD countries. small populations. However, when advancing this as a reason to abolish Federal States1 an upper house, other variables, such Although federalism is not a common as the power and capacity of the lower system of government, almost all house to scrutinise legislation, should federal systems have bicameral be considered.4 Country size and parliaments at the national level. stable democracy are other indicators Through a bicameral structure the for bicameralism. interests of smaller states are protected from domination by larger Country size states. Of the ten largest countries in the world (by area) only China has a All the federal countries in the OECD unicameral parliamentary structure, have bicameral parliaments; this is see Table 1. Most of the countries in also the case in the EU. this group are also federal. Within federations the vast majority of Table 1: 10 largest countries (by sub-national or state legislatures are area) and cameral structure unicameral, except in the US and Country Cameral Federal/ Australia. 2 This suggests that the structure Unitary purpose served by bicameralism in the Russia Bicameral Federal federal parliament is not required at Canada Bicameral Federal sub-national level. USA Bicameral Federal China Unicameral Unitary Population Size Brazil Bicameral Federal Eleven of the thirteen OECD Australia Bicameral Federal countries with populations above India Bicameral Federal twenty million are bicameral (85%). Argentina Bicameral Unitary Five are also federal. Kazakhstan Bicameral Unitary There are seven OECD countries Sudan Bicameral Unitary with populations between ten and Sources: IPU Parline and Worldatlas.com. twenty million. Four of these are 3 Massicotte (2001) 4 Laver (2002, 64) suggests that in European unitary states with unicameral parliaments 1 A federation of semi-autonomous provinces or (Denmark, Finland, Iceland, Norway and states with a central government linking them Sweden) lower houses have alternative checks together. and balances such as powerful committee 2 Only Nebraska in the US and Queensland in systems which make it difficult for governments Australia have unicameral state legislatures. to rush through ill-considered legislation. 3 Table 2: OECD Countries – cameral structure Federal/ Population Country size OECD Cameral countries Structure Unitary (millions) (km2) Australia Bicameral Federal 22.3 7,692,024 Austria Bicameral Federal 8.4 83,871 Belgium Bicameral Federal 10.8 30,528 Canada Bicameral Federal 34 9,984,670 Chile Bicameral Unitary 17 756,102 Czech Republic Bicameral Unitary 10.5 78,867 Denmark Unicameral Unitary 5.5 43,094 Estonia Unicameral Unitary 1.3 45,000 Finland Unicameral Unitary 5.3 338,145 France Bicameral Unitary 62.6 551,500 Germany Bicameral Federal 82 357,022 Greece Unicameral Unitary 11.3 131,957 Hungary Unicameral Unitary 10 93,028 Iceland Unicameral Unitary 0.3 103,000 Ireland Bicameral Unitary 4.6 70,273 Israel Unicameral Unitary 7.6 22,072 Italy Bicameral Unitary 60 301,318 Japan Bicameral Unitary 127 377,915 Korea Unicameral Unitary 50.5 99,678 Luxembourg Unicameral Unitary 0.5 2,586 Mexico Bicameral Federal 108 1,964,375 Netherlands Bicameral Unitary 16.5 41,543 New Zealand Unicameral Unitary 4.4 270,467 Norway Unicameral Unitary 4.8 323,802 Poland Bicameral Unitary 38 312,685 Portugal Unicameral Unitary 10.6 92,090 Slovak Republic Unicameral Unitary 5.4 49,035 Slovenia Bicameral Unitary 2 20,273 Spain Bicameral Unitary 46 505,992 Sweden Unicameral Unitary 9.4 531,796 Switzerland Bicameral Federal 7.8 41,285 Turkey Unicameral Unitary 73 783,562 United Kingdom Bicameral Unitary 61 242,900 United States Bicameral Federal 309 9,629,091 Sources: Websites of OECD, IPU Parline and Worldatlas.com 4 Bicameralism in Ireland: History and Powers This section looks at the history of The 1922 Constitution provided for a Seanad Éireann and describes its 60-member Senate. It was to be current composition, elections and directly elected for a 12-year period formal powers. with one-quarter of the members elected every three years. The History of Seanad Éireann candidates were to be nominated by Ireland has a long history of the Dáil and the Seanad as bicameralism. The old Irish parliament, representatives of important aspects of which first met in Casteldermot, Co the Nation’s life.7 Kildare in 1264 evolved into a tricameral parliament similar to other As a transitional measure