Seanad Reform Implementation Group

13th Meeting – 1pm on 11th December 2018 Room 301 D/

In attendance: Chair Senator Michael McDowell SC, Jack Chambers TD, Senator Ned O’Sullivan, TD, Senator , Tommy Broughan TD, Senator , Senator , Senator Gabrielle McFadden, Senator , Senator , Senator , Noel Rock TD, Fergus O’Dowd TD, Senator Grace O’Sullivan, Noel Grealish TD, TD, Senator Niall O’Donnghaile.

Secretariat, Department of the Taoiseach: Síle de Búrca, Amanda Reilly,

Legislative Drafter: Dr Brian Hunt.

Minutes of Meeting

1. Minutes from 12th meeting approved. 2. Submitted amendments to Draft Report and Draft Bill: The Group considered and decided upon each submission as per the attached tables (Appendix 1 & 2). 3. Next Steps: Report and Bill will be amended accordingly and submitted to the Taoiseach with an accompanying letter by Chair.

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Appendix 1. SRIG - Proposed Amendments to SRIG Report for discussion on 11 December 2018

Page number, Member Proposing Proposed Amendment Action taken at paragraph Amendment meeting on 11.12.8 A pp. 2 - 17 Deputy Thomas Broughan On page 2 of the Report, after line 3, delete the rest of page 2 and all of Ruled by Chair as out of pages 3,4,5,6,7,8,9,10,11, 12,13, 14, 15, 16 and 17 and the Seanad Bill 2018 order therefore no vote and insert: taken.

“Notwithstanding these terms of reference, the Report of the Working Group on Seanad Reform 2015 (the Manning Report) and the present government’s Programme for Government, the Seanad Reform Noted that ruling was Implementation Group is of the view that Seanad Éireann cannot be objected to Deputy reformed as a truly democratic chamber within the terms of Articles 18 and Broughan 19 of Bunreacht na hÉireann.

The Implementation Group consequently recommends to the government to propose amending the Irish constitution to permit the direct election of sixty senators by all Irish citizens resident in Ireland. Such an amendment will stipulate that Senators be elected alongside and on the same franchise as members of Dáil Éireann representing geographical constituencies closely aligned with contemporary Dáil constituencies with approximately one senator elected with each three TD’s.

The Implementation Group will assist the government in devising an appropriate amendment and bill defining the above recommendation for submission to the present in a timely manner to permit that amendment’s inclusion with other referenda topics now intended to be put to the Irish people on the day of the next Local and European elections in 2019.” B p.4, new para 1.9 Senator Alice Mary Higgins On page 4, after para.1.8 to insert the following new paragraph: Adopted – no vote

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“Amongst the constitutional constraints are a requirement that 11 seats must be appointed by the Taoiseach and 6 must be elected by the universities or other institutions of higher education.” C p.4, para.1.11 Senator Paddy Burke After ‘reformed.’ [to insert] Adopted (5/4) Senator Jerry Buttimer “A number of members [of the Implementation Group] expressed Senator Gabrielle McFadden the view that a Seanad to meet the needs of a 21st century Ireland should be reformed through a Constitutional Referendum of the people.” D p.5, para.1.14 Senator Alice Mary Higgins At the end of paragraph 1.14 on page 5, to inset the following new text: Adopted – no vote “Alternatively, the Seanad Electoral Commission could work alongside any newly constituted electoral commission or have its functions absorbed by such an electoral commission.” E p.6, para.4.2 Senator Alice Mary Higgins In para.4.2, p.6, to delete “and also persons from Northern Ireland who are Amendment withdrawn entitled to claim Irish citizenship and replace with “and Irish citizens in Northern Ireland” F p.7, para.5.4 Senator Alice Mary Higgins In para.5.4, p.9, to substitute the following for para.5.4: Adopted with no vote & “[5.4] In this context the Implementation Group re-affirms without change to text: alteration very many of the principles of the Manning Report. In particular, the Implementation Group endorses the Manning Report proposals to 1st paragraph w/d expand the franchise at Seanad elections so as to include Irish citizens in the State, Irish passport holders abroad, as well as Irish citizens from Northern Ireland residing in Northern Ireland or in the State, and also to expand the range of graduates who will be eligible to vote.

The result of the referendum of 2013 a majority of the public voted to retain 2nd para adopted the Seanad, indicating that they saw it as valuable to Irish democracy and subject to revision also indicating a preference for reform and a widening of the current narrow franchise. Expanding the franchise beyond is a key way that has been identified to. The current approach towards the election of Senators, which involves only a small percentage of the public, is one of the key reasons why the public feel a real detachment from the Seanad. The expansion of the franchise at Seanad elections will enhance its democratic mandate, deepen engagement between the public and Senators help to give the public a far

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greater say in the make-up of the Seanad and will lead to an increased level of interest in Seanad elections and the work of Senators, and indeed the House itself.

By expanding the franchise to people Irish citizens in Northern Ireland will give voice to people who have a genuine affinity towards social and political 3rd paragraph affairs in Ireland. Importantly the expansion of the franchise to Irish citizens withdrawn abroad will give those abroad a say in the affairs of the country to which many of them aspire to returning to one day. “

G p.8, para.6.2 Senator Alice Mary Higgins On page 8, to substitute the following for para.6.2: Amendment withdrawn “[6.2] Fundamental to the reforms put forward in the Manning Report was the recommendation to expand the franchise at Seanad elections so as to ensure that all Irish citizens of voting age in the State, Irish passport holders abroad, as well as Irish citizens from Northern Ireland residing in Northern Ireland or in the State, are entitled to vote and be represented in Seanad Éireann. The Manning report also recommended expansion of the range of graduates who will have the option to vote in the . This will give greater expression to the right to representation and enable members of the public to participate in Seanad elections in a way that has not been possible before now. It is recognised that enfranchising more people will significantly increase the electorate at Seanad elections.” H pp.8-9, para 6.3 Senator Alice Mary Higgins On pages 8 and 9, to substitute the following for para.6.3: Adopted “[6.3] A requirement that voters voluntarily apply for inclusion on the Seanad electoral register will mean that the register, in so far as is possible, will be populated by members of the electorate who have a demonstrable interest in participating in Seanad elections.. It is anticipated that rather than there being a rush for inclusion in the Seanad electoral register, the growth of the Seanad electoral register will take place gradually and over time and pro-active measures may need to be taken by the Seanad Electoral Commission to promote awareness and encourage registration The implementation group favour a separate opt-in Seanad electoral register in preference to reliance on any register of electors already being used for

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other elections; however, it was suggested that those joining other registers of electors, such as Dáil elections, might be reminded of their right to register for Seanad elections.” I p.9 Senator Michael McDowell, The following new text to be inserted as a new series of paragraphs, on page Adopted Chair, SRIG 9 of the draft Report, immediately after the existing paragraph 6.3:

“The Implementation Group gave some consideration to utilising the existing Dáil electoral register to be used in Seanad elections. This approach was not favoured for two primary reasons –

(i) the fact that as Seanad elections are conducted through post, unnecessary costs could be incurred by sending ballot papers to large numbers of voters who may not wish to participate in Seanad elections, and (ii) unwanted and unused ballot papers sent by post could be vulnerable to voter fraud and could improperly influence the outcome of the election.

Therefore it is expected that the resulting Seanad electoral register will comprise interested and engaged voters who have demonstrated a wish to actively participate in Seanad elections.

Voter registration will be a straightforward, simple process in the same way as it is currently for graduates of Trinity College and also NUI. When registering to vote in a Seanad election, voters will be required to tick just one more box than they would when registering to vote in a Dáil election by indication for which constituency they wish to be registered. (Dáil and Seanad electoral registers will be maintained separately). Rather than being compelled to vote for a particular constituency by virtue of their home address, voters will be given a simple choice to register to vote for one constituency over another.

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In addition, when registering to vote in future Dáil elections and local elections, voters may be asked if they wish to also register to vote in Seanad elections and if so, to merely indicate their preferred constituency.

Publicity campaigns for Dáil and local election registration will also remind voters of their right to register for a constituency of their choice in Seanad elections.”. J p.9, para.6.4 Senator Alice Mary Higgins On page 9, to substitute the following for para.6.4: Rejected “[6.4] Irish Resident Voters At the 2016 Dáil general election there were 3.3m registered voters, yet only 2.1m people opted to cast their vote. At the time of the Referendum on the Eighth Amendment to the Constitution in May 2018, there were approximately 3.2m registered voters. However only 2.1 million ballots were actually cast on the day. Of the 103,185 people on the NUI electoral register xxx number voted in the 2016 Seanad elections.” K p.9, para.6.8 Senator Alice Mary Higgins On page 9, para.6.8 to delete “swamp” and insert “dominate” Adopted L p.9 Deputy Thomas Broughan On page 9 of the Report, after line 12, delete sections 6.6, 6.7 and 6.8, ‘Irish Rejected Citizens Abroad’, i.e. lines 13 to 29 M p.10 Senator Alice Mary Higgins On page 10, para.6.9 delete “people” and insert “Irish citizens” Amendment withdrawn N p.10 Deputy Thomas Broughan On page 10 of the Report, after line 4, insert; Withdrawn - appendix to be provided. “However, extending Seanad voting rights to the residents of the current jurisdiction of Northern Ireland based on the special role of Seanad Éireann in developing and increasing north/south ties shall be an aspiration to be realized during the full re-integration of the national territory which may involve federal institutions including an enhanced Seanad Éireann.” O p.10, para.7.2 Senator Alice Mary Higgins On page 10, to substitute the following for para.7.2: Adopted with Amended “[7.2] In recent years the electorate voted to retain the Upper House as an text integral part of Ireland’s democratic framework. Notwithstanding cost having been cited as a reason to abolish the Seanad, the electorate voted to “Seanad” reaffirm the value of the Seanad and retain its constitutional position.” P p.12 Senator Michael McDowell, On p.12, to insert the following new text under the placeholder for “Non- Adopted Chair, SRIG statutory reforms”:

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“Scope for Seanad to Expand its Remit The Manning Report recorded that the Working Group was “strongly of the view that there is space for the Seanad to carve out a more meaningful and substantive role in the political system”. It emphasised that “there was a clear need ... for members to better exploit what powers are already at their disposal.”

The Implementation Group endorses that view and recommends that the following reforms are implemented as soon as possible:

(i) Committees It is proposed that the arrangements for the Seanad scrutiny of reports from committees dealing with EU and other matters be strengthened.

The Seanad should review the way in which reports of committees are dealt with by the Seanad. For example, one way in which this could be done is by ensuring that debates on committee reports on EU matters are opened and closed by a Chair or rapporteur or a member of the relevant committee nominated for the purpose.

The regular scheduling of committee reports could improve the effectiveness as well as the level of attention given to this work.

The Seanad should also seek to hold debates on the progress that is being made on the implementation of committee recommendations.

(ii) The European Union The Manning Report referred to a right of audience in the Seanad for MEPs. The Standing Orders of the Seanad already provide for MEPs elected to constituencies within the State to attend and be heard in the Seanad. Links with the work of the EU and in particular the European Parliament could be enhanced and strengthened by the Seanad using this provision more often. MEPs elected in Northern Ireland could be invited to attend also.

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(iii) debates The Manning Report adopted as a principled objective the need to develop and strengthen the vocational nature of the Seanad. It also suggested that the Seanad should be in a position to take a “broader and more panoramic view” of national politics.

Under the current arrangements, three quarters of Senators are elected on the vocational panel system and the Senators so elected bring to the proceedings of the Seanad considerable knowledge and experience of their vocational areas. However, the vocational panels themselves are not evident in the way debates are structured in the House.

Greater prominence could be given to the panels by periodically scheduling special debates on broad themes related to them. Speaking arrangements for vocational panel debates could prioritise Senators elected to the relevant panel. The debate could be preceded by an address by an appropriate distinguished visitor or a person in civic and public life, as currently permitted by Standing Orders.

A similar approach could be adopted in respect of the University constituencies.

(iv) Association of European Senates The Manning Report referred to the global growth in bicameralism over the last 50 years or so and drew comparisons between the Seanad and some other second chambers. Seanad Éireann has become a member of the Association of European Senates. This gives the Seanad an opportunity to strengthen links with, and learn from, the experience of other second chambers many of which are also dealing with issues such as the need for a distinct role, popular legitimacy and so on.

(v) Seanad Office resourcing

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The Implementation Group notes the need for the Seanad Office to be adequately resourced to meet the present needs of the House and also so that it can be in a better position to support the transformation that will come from the reform agenda. The Implementation Group notes that some progress has been made in this regard, but there is more to do.”. Q Page 12, section 8 Senator Alice Mary Higgins On page 12, insert the following at the end of the newly inserted section 8: Adopted

“Given the significantly expanded electorate and public representation responsibilities following the implementation of these reforms, the implementation group believe that consideration should be given to an increased resourcing of secretarial and policy support for Senators to ensure that they can recruit and retain suitably qualified support staff. R Page 13, new para 10.5 Senator Alice Mary Higgins On page 13, to insert the following new para: Rejected “[10.5] While some accommodation has be made in the draft Bill to recognise the potential need for phased implementation of separate provisions around the expansion of franchise, it is essential that all areas of expansion of the franchise are implemented in a timely manner.” S New Annex Senator Fintan Warfield Sinn Féin submission to serve an as an Appendix to the Seanad Report: Adopted – no vote required “In October 2013, a referendum to abolish the Seanad was defeated by 52% of the vote. It was agreed across this campaign by both those who advocated for abolition and retention that the Seanad in its current form was unsustainable. While Sinn Féin supported Seanad abolition, we recognise that the will of the people was for a reformed Seanad. While the Report of the Working Group on Seanad Reform (2015) proposes substantial reform to the upper house and the Seanad Reform Implementation Group has further analysed this, these reforms, in Sinn Féin’s view, are bound by the provisions of the Seanad laid out in Bunreacht na hÉireann (Art. 18-19). Sinn Féin believe that further reform could be made to the Seanad by examining current the constitutional provisions and how they can be changed to facilitate a modern, diverse and democratic upper house.

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This examination should be conducted by a continuation of the Seanad Reform Implementation Group who should investigate (but not be limited to): • The abolition of Taoiseach’s nominees • The calling of Seanad elections the same day as the general elections for the Dáil. • The abolition of a requirement of postal votes. • The provision of equal gender representation. • The provision of representation from traditionally marginalised groups in society.”

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Appendix 2. SRIG - Proposed Amendments to draft Seanad Bill for discussion on 11 December 2018

Amdt Section Member Proposed Amendment Action at meeting 11.12.18 No. Proposing Amendment 1 Section 1 Senator Alice Mary After “different provisions” insert “subject to the requirement that such day or Amendment withdrawn Subsection (2) Higgins dates must be within seven years after the passing of this Bill” 2 Section 1 Senator Fintan Section 1, page 5, to insert the following new subsection after subsection (2): Amendment withdrawn New Subsection (3) Warfield “(3) Notwithstanding subsection (2), any remaining provisions of this Act will come into effect within five years of the passing of this Bill.” 3 Section X [p.5 – Deputy Thomas Section X, page 5, after line 24, delete section 2 (b). Defeated (4/7) modular or phased Broughan commencement] 4 Section X [p.5 – Deputy Thomas Section X, page 5, after line 27, delete section 2 (c). Amendment withdrawn modular or phased Broughan commencement] 5 Section X [p.5 –] Senator Alice Mary Section X, page 5, to insert the following new subsection: Defeated Higgins “( _ ) Following the commencement of provisions relating to the extension of the franchise to any one of (a)(b)(c) or (d) in subsection 2 and the application of that franchise in a Seanad election, the Minister must ensure the commencement of provisions relating to the extension of the franchise to all groups in this subsection, (a)(b)(c) or (d) by the following Seanad election or within five years, whichever is later.” 6 Section 2 Senator Michael Section 2, p.6, to substitute the following for section 7 of the draft Bill: Adopted McDowell, Chair, SRIG “Application of this Act. (on behalf of Ned 2. (1) This Act shall only apply to the later of either- O’Sullivan) (a) the election of the 27th Seanad , or (b) a Seanad general election that takes place on a date which is not less than 5 years from the date of the passing of this Bill,

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and shall then apply to each Seanad general election or Seanad bye election thereafter.

(2) For the avoidance of doubt, subsection (1) applies notwithstanding the prior commencement of all or any provisions of this Act.” 7 Section 2 Senator Alice Mary After “different provisions” insert “subject to the requirement that such day or Amendment withdrawn Subsection (1) Higgins dates must be not later than seven years after the passing of this Bill” 8 Section 2 Senator Alice Mary Delete “different “ before dates Amendment withdrawn Subsection (2) Higgins 9 Section 3 Deputy Thomas Section 3, page 7 [definition of “constituency”] after line 25, delete the semi- Adopted (agreed by all) Broughan colon and insert: “which together shall form a single Seanad constituency of 6 seats;” 10 Section 3 Senator Fintan Section 3, page 9, to insert the following new definition: Fell -see also 27 and 29, Warfield “‘person’ when used in the context of a person who is entitled to vote under this related. Act means a person who has attained 16 years of age;” 11 Section 3 Senator Alice Mary “requisite qualification” – insert the following words “at least level 6 (advanced Dealt with in separate Higgins certificate or higher certificate level)” amendment so withdrawn 12 Section 7 Senator Alice Mary Formally propose and re-affirm Dealt with in separate Higgins amendment 13 Section 7 Senator Michael Section 7, page 12, to delete the section and substitute the following (new text is Adopted – no vote as agreed McDowell, Chair, underlined): by all SRIG “Composition of the Seanad. 7. At a Seanad general election, in addition to the eleven persons nominated by the Taoiseach to be members of the Seanad -

(a) twenty-eight seats shall be filled by votes cast by - (i) persons resident in Ireland who are ordinarily entitled to vote in a Seanad general election, (ii) persons entitled to claim Irish citizenship in Northern Ireland and who reside in Northern Ireland or in the State, and (iii) Irish citizens who hold a current and valid Irish passport and who reside outside the State;

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(b) six seats shall be filled by the votes of graduates of institutions of higher education in the State who hold a requisite qualification;

(c) fifteen seats shall be filled by the votes of serving members of the Dáil, members of the outgoing Seanad and serving members of local authorities.”. 14 Section 8 Senator Alice Mary Formally propose and re-affirm Dealt with in separate Higgins amendment 15 Section 8 Senator Fintan Section 8, page 13, to substitute the following for the Table to this section: Defeated (as consequence of Warfield Amendment 13) Constituency Number of Seats Number of Seats Total Number of on Nominating on Oireachtas Seats in Bodies Sub-Panel Sub-Panel Constituency Cultural and 6 2 8 Education constituency Agriculture 7 2 9 constituency Labour 7 2 9 constituency Industrial and 7 2 9 commercial constituency Administrative 6 2 8 constituency Institutions of 6 0 6 higher education constituency

16 Section 9 Senator Alice Mary Formally propose and re-affirm Dealt with in separate Subsection (1) Higgins amendment

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17 Section 9 Senator Michael To substitute the following for section 9 and make any consequential Amendment defeated McDowell, Chair, amendments which arise as a result of this amendment – SRIG “Institutions of higher education constituency. 9. (1) For the election of the six members of Seanad Éireann referred to in paragraphs i and ii of Article 18.4.1 of the Constitution there shall be one constituency comprising universities and other institutions of higher education in the State which shall be divided into three sub panels as provided in the Table to this section. (2) The constituency referred to in subsection (1) shall be known as the institutions of higher education constituency. (3) The Minister may by regulation prescribe such other institutions of higher education as may be established in the future for inclusion in one of the sub-panels provided for in the Table to this section.

Table Sub-Panel Institutions of Higher Education included Number of Number in the Sub-Panel Seats on Sub-Panel 1 the constituent universities of the 2 National University of Ireland 2 (a) , 2 (b) Dublin City University, and (c) Dublin Institute of Technology 3 (a) each college to which the 2 Institutes of Technology Acts 1992-2006 apply, (b) a linked provider of a designated awarding body as defined by the Qualifications and Quality Assurance (Education and Training) Act 2012, (c) University of Limerick,

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(d) Royal College of Surgeons in Ireland, and (e) a relevant provider of the Qualifications and Quality Assurance Authority of Ireland, other than those providers referenced in this Table, providing a programme of education and training leading to a major award of the Qualifications and Quality Assurance Authority of Ireland which is recognised through the National Framework of Qualifications to at least level 7 (ordinary bachelor degree level).”.

18 Section 9 Senator Ivana Section 9, pages 13 & 14, to delete subsections (1) and (2) and substitute the Amendment defeated Subsections (1) & Bacik following: (2) “(1) For the election of the six members of Seanad Eireann referred to in paragraphs I and ii of Article 18.4.1 of the Constitution there shall be three constituencies, each of which shall elect two members, on the following basis: (i) Two shall be elected by the National University of Ireland. (ii) Two shall be elected by the University of Dublin and other Dublin-based universities or institutions of higher education. (iii) Two shall be elected by universities or institutions of higher education outside Dublin not affiliated with the National University of Ireland or University of Dublin.”. 19 Section 9 Senator Alice Mary To insert new sub paragraphs to expressly refer to the “National College of Art Adopted – no vote as agreed Subsection (3) (a) Higgins and Design” and “Institute of Public Affairs”. by all

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20 Section 9 Senator Alice Mary To insert an additional [section] [exact location?] (iv) “such universities as Adopted – no vote as agreed Subsection (3) Higgins established or may be established under the Technological Universities Act by all 2018,” 21 Section 10, Senator Alice Mary After “panel” to insert: “or it is engaged in advocacy on matters relating to those Defeated (4/7) subsection Higgins interests and services” (3)(b)(I)(i) 22 Section 27(b) Senator Alice Mary To insert the following as a new paragraph (iii): Amendment withdrawn Higgins “(iii) Section 27(b)(ii) shall not apply to the .” 23 Section 29 Senator Fintan Section 29, page 35, to substitute the following for subsection (2) (the new text is Adopted (10/2) Subsection (2) Warfield underlined below): “(2) The number of persons which may be proposed for nomination to a particular panel by each nominating body registered in the register of nominating bodies in respect of the panel shall be the number obtained by dividing the appropriate number (as defined in subsection (2) of section 34) by the total number of nominating bodies so registered if the number so obtained is a whole number, or, if it is not a whole number, the next higher whole number of persons, provided always that each nominating body shall be entitled to nominate a minimum of two candidates.” 24 Section 29 Senator Fintan Section 29, page 35, to insert the following new subsection: Adopted (6/4) New subsection (3) Warfield “(3) Where pursuant to this section a nominating body is proposing to nominate more than one person it shall ensure that there is an equal balance of males and females in the persons proposed by it for nomination and where such balance is not achievable it shall ensure that a majority of the persons proposed by it for nomination are female.”. 25 Section 29 Senator Alice Mary Section 29, page 35, to insert the following new subsection: Amendment withdrawn in New subsection (3) Higgins “(3) Where a nominating body under this section is entitled to propose more favour of no. 24 than one person, it shall propose at least one man and one woman.” 26 New section 40 Senator Fintan In page 49, after section 39, to insert the following new section: Adopted (8/5) Warfield “Factors to be considered by Taoiseach. (With subsection 2 removed) 40. (1) Prior to nominating candidates pursuant to Article 18 of the Constitution, the Taoiseach may have regard to considerations which include but are not limited to the need to –

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(a) improve the gender balance in Seanad Éireann, (b) improve diversity in Seanad Éireann, and (c) ensure a sufficient level of representation of persons who are concerned with the rights of minorities in Irish society. (2) In order to assist the Taoiseach’s considerations of the matters referenced under subsection (1), the Seanad Electoral Commission shall prepare a report on the perceived level of representation in the newly elected Seanad of persons concerned with issues relating to gender balance, diversity, and the rights of minorities in Irish society. (3) Nothing in this section shall be construed as purporting to fetter the absolute discretion of the Taoiseach in nominating a person to be a member of Seanad Éireann under Article 18 of the Constitution. (4) In this section “diversity” includes diversity of – (a) gender (b) civil status, (c) family status, (d) sexual orientation, (e) religion, (f) age, (g) disability, (h) race, and (i) membership of the Traveller community.”. 27 Section 46 Senator Fintan Section 45, subsection (1), page 54, to substitute “16” for “18” Defeated (2/8) Subsection (1) Warfield 28 Section 48 Senator Fintan Section 48, subsection (4), page 56, to substitute “, postcode, age, gender and Defeated (3/8) Subsection (4) Warfield title” for “and postcode” 29 Section 48 Senator Fintan Section 48, subsection (4), page 56, to substitute “sixteen” for “eighteen” Defeated (2/8) Subsection (5) Warfield 30 Section 54 Senator Fintan Section 54, subsection (1), page 59, to insert the following new paragraph: Amendment withdrawn Subsection (1) Warfield “(c) is an enrolled student of a third-level institution.” 31 Section 55 Senator Michael To substitute the following for subsection (1) of section 55: Fell as consequence of 17. McDowell, Chair, “(1) The electoral registers that had been prepared and maintained pursuant to SRIG the Seanad Electoral (University Members) Act 1937 shall serve as the basis of

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Division 4 of the electoral register which is provided for under section 45F and voters shall be assigned to the appropriate sub-panel.”. 32 Part 5, sections 68 Senator Fintan To substitute the sections* in the Annex (below) for sections 68 to 83 (inclusive). Defeated (4/8) to 83 Warfield 33 Part 8, p.83, Senator Alice Mary To substitute the following for the first section in Part 8: Amendment withdrawn section XX Higgins “The level of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a Seanad election shall be subject to the provisions as may be set out by law or by the Standards in Public Office Commission.” 34 Section 88(2) Senator Alice Mary The form and content of (i), (ii) and (iii) shall be subject to requirements and Adopted – no vote as agreed Higgins regulations set out and prescribed by the Minister in consultation with the by all Seanad Electoral Commission and other public bodies as the Minister see appropriate. The requirements and regulations will apply equally to all candidates and will be published by the Seanad Electoral Commission and subject to regular review by the Minister. 35 Section 88 Senator Fintan Section 88, subsection (2), page 80, to insert the following new paragraph: Amendment withdrawn as Subsection (2) Warfield “(h) Undertake initiatives to encourage voter registration and participation.” provided in bill

* Annex Referred to Above at Amendment Number 32

“Casual vacancies. 68. Where a casual vacancy occurs amongst the persons elected to any constituency of the Seanad, the vacancy shall be filled in accordance with this Part.

Filling of vacancy from replacement candidates list. 69. (1) Where a casual vacancy occurs amongst the elected membership of the Seanad and the relevant person elected under this Act at the last preceding Seanad general election presented a replacement candidates list, the Clerk of the Seanad, shall, as soon as may be after the casual vacancy occurs, by letter request the person (if any) whose name stands first or, as may be appropriate, alone on that list to make and deliver to the said Clerk, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may direct, that—

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(a) the person is the person whose name stands (whether alone or otherwise) on the list,

(b) the person is eligible and willing to assume the position of membership of the Seanad,

(c) where the person is a national of a country other than the State, the person does not stand deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, under the law of that person’s home country, of the right to stand as a candidate in an election to the national parliament in their home country, and,

(d) in case the relevant representative so elected was at such election a candidate of a registered political party, the person is a member of the registered political party concerned.

(2) If the person of whom a request was made under subsection (1) fails or refuses to comply with the request, the Clerk of the Seanad, shall, as soon as may be after the refusal or failure concerned, by letter request the person (if any) whose name stands next on the relevant list to make and deliver to the said Clerk a statutory declaration in accordance with the said subsection (1) and if such person fails or refuses to comply with the request, the Clerk of the Seanad shall, as soon as may be after the refusal or failure concerned, make such a request by letter, in turn, of each of the other persons (if any) whose names appear on the relevant list, in the order in which they so appear, until—

(a) one such person complies with the request, or

(b) the list is exhausted,

whichever is the sooner.

(3) Subject to subsections (4), (5) and (6), where, pursuant to a request under subsection (1), the Clerk of the Seanad receives a statutory declaration in compliance with the said paragraph, the Clerk shall, as soon as may be, cause a statement of the declarant's name and address together with a copy of the statutory declaration to be—

(a) laid before each House of the Oireachtas,

(b) published in Iris Oifigiúil,

(c) delivered to—

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(i) each person on the relevant replacement candidates list, and

(ii) in case the list was presented by a registered political party, that party.

(4) Where a statutory declaration received by the Clerk of the Seanad pursuant to a request under subsection (1) and in compliance with that subsection includes a declaration under paragraph (c) of that subsection, the Clerk, shall, as soon as may be, and before performing the duties required by subsection (3) in respect of that declaration, forward to the Minister a copy of the declaration, and the Minister shall, as soon as may be -

(a) transmit a copy of the declaration to the competent administrative authority of the home Member State of the person who made the declaration, and

(b) request information from that competent administrative authority verifying whether or not that person stands deprived of the right to stand as a candidate under the law of that person’s home country as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, and the Minister may ask for such information to be provided within a specified period of time.

(5) The Minister shall, as soon as may be after receiving the information requested in subsection (4)(b), notify the Clerk of the Seanad as to whether the person stands deprived of the right to stand as a candidate under the law of that person’s home country as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.

(6) Where a statutory declaration received by the Clerk of the Seanad pursuant to a request under subsection (1) and in compliance with that subsection includes a declaration under paragraph (c) of that subsection, the Clerk shall perform the duties required by subsection (3) in respect of the statutory declaration –

(a) as soon as may be after the Clerk receives notification pursuant to subsection (5) that the person does not stand deprived of the right to stand as a candidate, or

(b) not later than twenty-five days from the date on which the Clerk received the statutory declaration under subsection (4), whichever is the sooner.

(7) Where a statement of the declarant's name and address and a copy of the statutory declaration are laid, published and delivered in accordance with subsection (3) the person named therein shall, upon the expiration of the period of 7 days beginning on the day on

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which the statement and copy of the statutory declaration are so published in Iris Oifigiúil, be regarded as having been elected under this Act to the Seanad.

Dáil to select person in certain cases. 70. (1) In case the relevant replacement candidates list is exhausted, the Clerk of the Seanad shall cause a statement to that effect to be laid before each House of the Oireachtas, and the Seanad may select a person whose name is on any replacement candidates list in respect of the constituency concerned, being a list of which public notice was given in advance of the last Seanad general election and the Seanad shall by resolution specify the person so selected.

(2) Where, pursuant to subsection (1) a resolution is passed by the Seanad, the person specified in the resolution shall thereupon be regarded as having been so elected under this Act to the Seanad.

Term of office of person regarded as having been elected. 71. Where, pursuant to section 69 or 70 a person is regarded as having been elected under this Act to the Seanad the person shall, unless he or she sooner dies, resigns, becomes disqualified for election under this Act to the Seanad, is removed from office or otherwise ceases to be a member of the Seanad, hold office as such a representative for the residue of the term for which the representative whom the person replaces would have held office had the representative not ceased to hold office.

Certain person not to be regarded as having been elected. 72. A person shall not be regarded as having been elected to the Seanad pursuant to this Part if the person is, for the time being—

(a) a member of the Seanad,

(b) not eligible for election under this Act to the Seanad,

(c) not willing to assume such office, or

(d) in case the relevant member elected under this Act to the Seanad at the last preceding Seanad election was at that election a candidate of a registered political party, a person who is not a member of that party.

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Absence, incapacity or vacancy in office of Clerk of Dáil. 73. If and so long as the office of Clerk of the Seanad is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of Clerk of the Seanad, the functions conferred on the said Clerk by this Part shall be performed by the Clerk-Assistant of the Seanad.

Nomination of replacement candidates. 74. The following provisions shall apply in relation to the nomination of replacement candidates at a Seanad election—

(a) the number of replacement candidates to be so nominated by a nominating body shall not exceed four for each constituency,

(b) a person shall not be nominated as a replacement candidate unless that person is eligible under this Act for - (i) election to the Seanad, (ii) election in respect of the constituency for which he or she is being nominated as a replacement candidate.

(c) the replacement candidates so nominated as regards a particular constituency shall be nominated by each of their names being entered on a list (in this Act referred to as the "replacement candidates list").

Replacement candidates list. 75. (1) A replacement candidates list shall be in the prescribed form and may, if the Minister so, thinks proper, include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Seanad,

(b) a form of declaration, to be signed by the appropriate person that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the replacement candidates list is correct in all material respects, and

(ii) as regards the replacement candidates nominated by entry on such list, each of them is eligible for nomination under this Act as a replacement candidate and has consented to such nomination and none of them stands validly nominated as a replacement candidate as regards any other constituency.

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(2) In this section "appropriate person" shall have the meaning prescribed by the Minister.

(3) As regards a replacement candidates list the surname of any person nominated by entry thereon as a replacement candidate shall be placed before that person's other name or names and the list shall also contain his or her address.

(4) Where a registered political party or a non-party candidate at a Seanad election nominates more than one replacement candidate, the order in which the replacement candidates are nominated shall be determined by the persons making the nomination, and the names of such replacement candidates shall be listed on the relevant replacement candidates list in that order and, in applying any provision of this Act, in relation to the list, the names on the list shall be listed or given in the order in which they have been so determined and listed or, as may be appropriate, regard shall be had to that order.

(5) Where a replacement candidates list is presented to the Seanad returning officer, the Seanad returning officer shall assign to the list one or more numbers or letters for the purpose of identifying it and, when such numbers or letters are so assigned, the replacement candidates list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled by the returning officer as being invalid) be referred to on any ballot paper, notice or other document by reference to such letter or letters.

Delivery and withdrawal of replacement candidates list, etc. 76. (1) Each replacement candidates list shall be delivered to the Seanad returning officer within the times specified for receiving nominations that apply, under section XXXX, to the candidate to whom the replacement candidates list relates.

(2) (a) Where the Seanad returning officer is of opinion that a replacement candidates list is not properly made out or signed and the list is not amended to his or her satisfaction, the Seanad returning officer shall rule it as being invalid.

(b) A decision under this subsection shall be final.

(c) As soon as may be after the receipt by the Seanad returning officer at a Seanad election of a replacement candidates list which he or she does not rule as being invalid the Seanad returning officer shall cause to replacement candidates list to be published – (i) on the internet, and

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(ii) at his or her sole discretion, by any other means believed necessary.

(d) As soon as may be after the time prescribed as the latest time for the withdrawal of candidature, the Seanad returning officer shall examine the replacement candidates lists (if any), and—

(i) where the number of replacement candidates included in any such list exceeds the maximum number permitted, the Seanad returning officer shall delete from the list the number of names equal to the excess commencing with the name which stands at the bottom of the list and if need be thereafter working up that list,

(ii) in case the Seanad returning officer deletes a name from a replacement candidates list the Seanad returning officer shall, as soon as may be, give to the person or, as may be appropriate, each of the persons notice in writing of the deletion and of the reason therefor. (3)(a) A replacement candidates list may be withdrawn by notice in writing signed by the person or persons by whom it was signed, such notice being delivered to the Seanad returning officer not later than the latest time for receiving nominations. (b) The Seanad returning officer shall upon receipt of a notice referred to in paragraph (a), publish notice of the withdrawal concerned.

(4) Where a replacement candidates list is presented at a Seanad election and the candidature of that candidate is withdrawn or is deemed to have been withdrawn, the replacement candidates list shall be deemed to have been withdrawn.”.

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