REPORT OF THE IMPLEMENTATION GROUP ON SEANAD REFORM 2018 Report of the Seanad Reform Implementation Group December 2018 Report of the Seanad Reform Implementation Group (2018) Introduction This Report is presented to the Taoiseach in fulfilment of the Terms of Reference of the Seanad Reform Implementation Group (“the Implementation Group”) which was established by the Taoiseach in February 2018. This Report is focused on the implementation of the proposals which are set out in the Report of the Working Group on Seanad Reform (April 2015) (“the Manning Report”). Accordingly this Report should be read in conjunction with the Manning Report. This Report is accompanied by a draft Bill which has been drafted in order to provide for the implementation of the recommendations of the Manning Report, varied in a limited number of instances as a result of the deliberations of the Implementation Group. Meetings of the Implementation Group The Seanad Reform Implementation Group’s first meeting was held on 9 May 2018 and it met on twelve further occasions, concluding its work on 11 December 2018. Expert Input The following persons appeared before the Implementation Group and in so doing, greatly helped the Implementation Group in its deliberations: Dr. Theresa Reidy, University College Cork Mr. Martin Groves, Clerk of the Seanad Mr. Andrew Munro, Assistant Secretary, Department of the Taoiseach Ms. Fiona Quinn, Mr. Barry Ryan, and Ms. Mairead Ryan, Department of Housing, Planning & Local Government Acknowledgements The Implementation Group is thankful to Dr. Maurice Manning and Mr. Joe O'Toole for their input and assistance. The Secretariat to the Implementation Group, comprising Ms. Síle de Búrca and Ms. Amanda Reilly, was provided by the Department of the Taoiseach. The Implementation Group is grateful to them for their dedication and professionalism in assisting the Implementation Group in its task. The Implementation Group is extremely thankful to Dr. Brian Hunt who drafted the Bill which accompanies this Report. 2 | P a g e Report of the Seanad Reform Implementation Group (2018) 1. Context [1.1] Mandate This Report has been prepared by the Seanad Reform Implementation Group, pursuant to its Terms of Reference, for presentation to the Taoiseach. [1.2] The Terms of Reference are as follows: “To consider and report on the implementation of the recommendations of the Working Group on Seanad Reform Chaired by Dr Maurice Manning within the present terms of the Constitution on the election of members of Seanad Éireann (the ‘Manning Report’). The Implementation Group is tasked with following: - To consider how to implement the recommendations of the Manning Report (see appendix) In the context of the acceptance of the overall principles of the recommendations of the Manning Report, to consider whether any specific variations on its recommendations are desirable or necessary; - To consider and prepare any recommended amendments to the legislation as proposed by the Manning Report; - To provide in its report the complete text of a bill to implement the group’s proposals; - To consider and make recommendations for any phasing of implementation of the Bill’s provisions; - To submit the group’s final report by end-October 2018.” [1.3] It bears emphasis, therefore, that the Implementation Group has not been tasked with devising fresh proposals for Seanad Reform. The central focus of the Implementation Group is of necessity, on the implementation of the Manning reforms. It is for this reason that this Report is, as required by the Implementation Group’s terms of reference, accompanied by a draft Bill which serves as the legislative vehicle for the implementation of the proposed reforms. [1.4] In the Programme for Partnership Government1, the Government gave a very clear commitment to implementing the proposals contained in the Manning Report: “Significant reform of the Seanad itself is now long overdue. We will pursue the implementation of the Manning Report, as a priority.” 1 A Programme for Partnership Government, (May, 2016) at p.149. 3 | P a g e Report of the Seanad Reform Implementation Group (2018) [1.5] On 1 February 2018, the Taoiseach addressed the Seanad and announced his intention to establish a group to implement the recommendations set out in the Manning Report. [1.6] Having indicated his intention to establish a Seanad Reform Implementation Group, in April 2018, the Taoiseach wrote to leaders of each party or grouping in the Houses of the Oireachtas. A list of the members of the Seanad Reform Implementation Group are set out in Annex 3 . The representation by each group is proportionate to their representation in the Dáil and Seanad. The Chair of the Implementation Group, Senator Michael McDowell SC, was elected by the Group Members. [1.7] The Constitution Explicit in the mandate of the Seanad Reform Implementation Group (“SRIG”) is the requirement to put forward a series of reforms which are compatible in every respect with the current terms of the Constitution. [1.8] In this context the most pertinent articles of the Constitution are Articles 18 and 19, the text of which are set out in Annex 1. Amongst the constitutional constraints are a requirement that 11 seats must be appointed by the Taoiseach and 6 must be elected by the graduates of universities or other institutions of higher education. [1.9] Current Legislation In addition to the provisions of the Constitution, the election of members of the Seanad are provided for in the Seanad Electoral Panel Members Act 1947, the Seanad Electoral (Panel Members) Act 1954 and also the Seanad Electoral (University Members) Act 1937. [1.10] Past Referenda In July 1979 the electorate voted to extend the franchise in Seanad elections to graduates of other universities. [1.11] In 2009, the electorate voted by 51.7% to retain Seanad Éireann. It has been accepted that implicit in the will of the people to retain the Seanad has been the desire to see the Seanad being reformed. A number of members of the Implementation Group expressed the view that in order to meet the needs of a 21st century Ireland, the Seanad should be reformed through a Constitutional Referendum which is put to the people. [1.12] While the outcome of the 1979 referendum was never implemented in legislation, in 2014 the General Scheme of the Seanad Electoral (University Members) (Amendment) Bill was published by the Minister for the Environment, Community and Local Government. The draft Bill was intended to be the first step in implementation of 1979 constitutional referendum. However, the government did not subsequently initiate the Bill in the Houses. [1.13] Anticipated Reforms in Other Areas In presenting this Report, the Implementation Group recognises that there is a need to take into account the wider reform agenda. [1.14] The Implementation Group acknowledges that the Government is working at a preliminary stage on plans to establish an Electoral Commission. In time the proposed Seanad Electoral Commission provided for under the draft Bill could, with an expanded remit, serve as the Electoral 4 | P a g e Report of the Seanad Reform Implementation Group (2018) Commission. Alternatively, the Seanad Electoral Commission could work alongside any newly constituted electoral commission or have its functions absorbed by such an electoral commission. [1.15] The Implementation Group also acknowledges that the Government is planning to hold a referendum on a proposal to permit citizens abroad to participate in Presidential elections. This may bear some relevance to the proposal in this Report (and in the Manning Report) to expand the Seanad electorate so as to include Irish passport holders abroad. 2. Previous Proposals on Seanad Reform [2.1] Reports on Seanad Reform The Implementation Group has had the benefit of 13 previous reports2 which have focused on proposals for Seanad reform, as follows: 1. Report of the Joint Committee on the Constitution of Seanad Éireann (1928) 2. Report of the Second House of the Oireachtas Commission (1936) 3. Special Report of the Special Committee on the Seanad Electoral (Panel Members) Bill (1937) 4. Report of the Commission on Vocational Organisation (1943) 5. Report of the Joint Committee on Seanad Panel Elections (1947) 6. Report of the Select Committee on the Seanad Éireann (Panel Members) Bill 1952 (1953) 7. Report of the Seanad Electoral Law Commission (1959) 8. Report of the Committee on the Constitution (December 1967) 9. Report of the Constitution Review Group (May 1996) 10. Second Progress Report of the All-Party Oireachtas Committee on the Constitution (April 1997) 11. Seventh Progress Report of the All-Party Oireachtas Committee on the Constitution (March 2002) 12. Report of the Seanad Committee on Procedure and Privileges Subcommittee on Seanad Reform (April 2004) 13. Report of the Working Group on Seanad Reform (April 2015) 2 The All-Party Group on Seanad Reform (2008-2009) did not present a final report and so is not referenced in the listing. 5 | P a g e Report of the Seanad Reform Implementation Group (2018) 3. Bills to Reform the Seanad [3.1] Since the 2009 referendum on the Seanad, proposals to reform the Seanad have been put forward in a number of Private Members Bills, namely: a. Seanad Bill 2013 (Quinn-Zappone Bill), b. Seanad Electoral Reform Bill 2013 (Senator John Crown), c. Draft Bill that accompanied the Manning Report in 2015, and d. Seanad Bill 2016 (Senator Michael McDowell). 4. Manning Report Recommendations [4.1] By virtue of the Terms of Reference provided by the Taoiseach, the remit of the Implementation Group, is by necessity, very much linked to the set of recommendations that have already been put forward in the Manning Report in 2015. The key recommendations of the Manning Report are set out in Annex 2 of this Report.