Seanad Reform Implementation Group 13th Meeting – 1pm on 11th December 2018 Room 301 D/Taoiseach In attendance: Chair Senator Michael McDowell SC, Jack Chambers TD, Senator Ned O’Sullivan, Shane Cassells TD, Senator Ivana Bacik, Tommy Broughan TD, Senator Alice Mary Higgins, Senator Fintan Warfield, Senator Gabrielle McFadden, Senator Jerry Buttimer, Senator Paddy Burke, Senator Maria Byrne, Noel Rock TD, Fergus O’Dowd TD, Senator Grace O’Sullivan, Noel Grealish TD, Shane Ross 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. 1 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 Oireachtas 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 2 “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 3 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 university constituency. 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 4 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. 5 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.”.