5 Chapter 1 Nominating Bodies 6 1.1 (1) Association of Municipal Authorities of Ireland Composition of Seanad Éireann The Manner and Basis of Election It is the policy of the AMAI that all elected representatives have a vote in Seanad Elections. It is the policy of the AMAI that the nominating status quo be restored to 2 It is the policy of the AMAI that provision is made for Seanad Representation for City and Town Councillors. The AMAI considers that the current ratio of members elected by public representatives should be maintained in the event of any increase/reduction in the number of Senators. Note The current position is that only City and County Councillors have a vote on the 5 panels. All other elected Town Councillors are excluded from the process. The current system of canvassing, while affording constituents an opportunity to meet the majority of candidates is in effect generally confined to political supporters and does not involve dialogue with the entire electorate. The current nominating system allows for persons with political affiliations and contacts an advantage in securing a nomination. Once past that system and taking into account the inside and outside panels, Political Parties have in effect control of who is to be elected. Therefore it follows that a list system would be a more appropriate way for political parties to nominate candidates to contest. There must continue to be a method whereby Independents can be afforded equal opportunity to contest. University Representation Either in its Current or in an Amended Form The franchise must be extended to all graduates There should be no distinction between Universities. The Nomination of Senators by An Taoiseach The nominees of An Taoiseach should be representative of sectors of Irish society and should include a cross section of the populace. The nominees should not be party political. They should include representation from Northern Ireland and Emigrants. The most appropriate basis for providing representation for emigrants & persons from Northern Ireland. Northern Ireland The Northern Assembly is an appropriate nominating body and in order to ensure equality that 1 place be reserved for Nationalists and 1 place reserved for Unionists. 7 These places to be part of An Taoiseach’s nominees. Emigrants There is a need to have a forum wherein the voice of emigrants would be heard. It is going to be difficult to organise such a dispirit world wide Diaspora. A possible foundation would be a worldwide organisation that the Diaspora would affiliate to. That body would become a nominating body. This position should be part of An Taoiseach’s nominees. Functions of Seanad Éireann The Role of The Seanad in the passage of legislation The Seanad is an ideal forum for examination of Government and Members proposals in respect of legislation prior to the legal drafts persons commencing their work. This system would allow for the teasing out of the implications of particular legislation or parts of proposals prior to it appear in formal format. The Contribution the Seanad could make to Enhanced Parliamentary Accountability and Scrutiny The ideals behind the establishment of An Seanad have been lost over the years. There must be a clear distinction between the role of the Seanad and the Role of The Dáil. The Seanad should be in a position to ensure that the Dáil operates as an open transparent legislature with full accountability by Government and Opposition. If this were the case we would not have a situation of “ you did not ask the right question”. It should be used to examine reports of non-provision of services, abuse of authority by state and semi state agencies. The Extent to which the Seanad could Engage in the Review of Public Policy The Seanad does and should have a monitoring / examining role in respect of public policy and how it is applied. It has to become more assertive. Develop a system to allow the AMAI as the representative organisation of City and Town Councils to have an input into the preparation of legislation that will affect the role of City and Town Council. Provide access to Association of Municipal Authorities of Ireland, which will enable the AMAI as a right to attend debates and have an input into sessions that are developing policies affecting City and Town Councils. The Role of the Seanad in European Union Affairs The Seanad is the ideal forum for discussing and informing the public on the implications of EU Legislation and directives. It could also have a monitoring role, which would track how Government is implementing, such legislation and directives. Develop a mechanism for involving (through the AMAI) City and Town Councils, reporting on Legislation and Directives, which will affect City and Town Councils. 8 1.2 (2) Association of Secondary Teachers Ireland Composition of Seanad Éireann The franchise should be broadened so that all citizens have access through new structures. The structure for university representation should be amended to include all graduates of Department of Education and Science recognised third level institutes. The right of the Taoiseach to nominate senators should be removed. The franchise should be available to persons who are required or would be required (if their income warranted) to pay taxes to the State. An exception to this would be persons from Northern Ireland. Functions of Seanad Éireann Structures should be put in place to allow the Seanad to have a greater input into the passage of legislation including enhanced parliamentary accountability and scrutiny and review of public policy and European Union affairs. 9 1.3 (3) Comhar na Múinteoirí Gaeilge (Helen Ó Murchú thar ceann Lároifig) Comhdhéanamh Sheanad Éireann Modh agus Bonn an Toghcháin I gcoitinne, glacann Comhar na Múinteoirí Gaeilge leis an alt le Helen Ó Murchú (Stiúrthóir Chomhar) san iris againn, Teagasc na Gaeilge 8. Tuigtear dúinn go bhfuil cóip agaibh cheana. Mar fhoras ainmniúcháin, ní leor linn an ról a cheadaítear dúinn faoi láthair agus iarraimid ar an bhFochoiste féachaint le hachtú Airteagail 19 den Bhunreacht (thíos). Féadfar socrú a dhéanamh le dlí ionas go bhféadfadh aon dream feidhme nó gairme beatha, nó aon chomhlacht nó comhairle feidhme nó gairme beatha, an oiread comhaltaí do Sheanad Éireann a thoghadh go lomdíreach agus a chinnfear leis an dlí sin, in ionad an oiread chéanna de na comhaltaí a thoghfar as na comhrollaí d’iarrthóirí a chóireofar faoi Airteagal 18 den Bhunreacht seo. I bhfianaise thábhacht an oideachais agus na saíochta do gach gné eile de shaol na tíre, ba chóir níos mó suíochán a bheith ag an Rolla seo agus ag na Forais Ainmniúcháin i gcoitinne i bhfianaise ról athraithe an Stáit mar éascaitheoir agus ról méadaithe na bhforas mar ghníomhaithe i réimsí polasaí poiblí. Moltar leagan amach mar atá thíos. Deántar an moladh seo i bhfianaise cúlra gairme cuid mhaith d’ionadaithe tofa na tíre i gcoitinne. Rolla Oireachtas Forais Ainmn. Oid/Saíocht 5 5 Talmh Oibre 5 4 4 4 Tionsc/Trácht 4 4 Riar P 4 4 Ós rud é nach ionann an líon foras ainmniúcháin ó rolla go chéile, ba chóir an líon suíochán (4 nó 5 de réir rolla) a roinnt idir na forais do gach rolla, ach na forais a bheith curtha i bhfoghrúpaí de réir sainspéise, e.g. Gaeilge. Ba chóir vótáil dhíreach a bheith i gceist ansin ach ní de réir ballraíochta gach forais, ach de réir forais laistigh den bhfoghrúpa, e.g. vótaí ag gach foras de réir dlí faoi mar atá ag gach Comhairleoir, abair, i láthair na huaire. Ní hionann, mar shampla, ballraíocht eagraíochta deonaí mar Chomhar (2,000 +) agus bord Údarás na Gaeltachta (Glactar leis nach ionann an tÚdarás agus an Ghaeltacht mar limistéir). Ar ndóigh, b’fhéidir do gach foras a bheith i gcomhairle leis na baill ar dtús chun teacht ar chomhréiteach. Ionadaíocht na nOllscoileanna Glacann Comhar leis na dóchúlachtaí éagsúla a luaitear san alt ag Helen Ó Murchú. I bhfianaise forbairt na hearnála, ní miste feidhmiú ar Airteagal 18 4 2 ii, (thíos). Féadfar foráil a dhéanamh…..chun go dtoghfar…..ag ceann amháin nó níos mo de na forais seo a leanas, eadhon: o na hOllscoileanna a luaitear….. o aon fhorais eile ardoideachais sa Stát, an líon sin comhaltaí de Sheanad Éireann….. Féadfar comhalta nó comhaltaí de Sheanad Éireann a thoghadh… ag forais a bheas tiomsaithe le chéile nó ag forais aonair. Ainmniúcháin an Taoisigh Má chloítear le 11 suíochán le bheith ag an Taoiseach, ní cóir níos mó ná 6 cinn a bheith á mbronnadh ar lucht páirtí. Moltar 5 cinn a bhronnadh ansin ar shaineolaithe neamhpháirtí nó ar dhaoine atá aitheanta go neamhspleách ina ngort eolais féin, ach iad ina scáthán ar na 5 rolla seachas Rolla na nOllscoileanna. Tá go leor fora ann ar féidir comhairle a ghlacadh leo i leith na saineolaithe seo, Civic Forum an Tuaiscirt san áireamh. Ionadaíocht d’Imircigh agus do dhaoine ó Thuaisceart Éireann Ní mór dul tríd na forais ionadaíocha sa roghnú. Ní féidir áireamh a chur ar an diaspora.. Feidhmeanna Sheanad Éireann Ról an tSeanaid maidir le rith reachtaíochta Gan athrú. Trédhearcacht Mar atá Chomh mhaith le ceistiú Airí ar bhonn rialta seachas ar ócáidí staideanna reachtaíochta amháin (córas le leagan amach). Polasaí Poiblí Trí fora cuí (le bunú) agus tuairisciú ós comhair gach Tí den Oireachtas. Gnóthaí an AE Mar atá faoi 3. thuas. Cuairteanna oifigiúla ar Choistí Pharlaimint an AE agus tuairisciú ar ais. Cuairteanna ó TPÉanna ar Sheanad Éireann agus iad á gceistiú ar ghnéithe áirithe polasaí. Ceapacháin ar Choinbhinsiún na hEorpa nó a mhacasamhail sa todhchaí.. Maidir le 3. Agus 4., moltar a bhfuil thíos ach go háirithe i bhfianaise éifeacht na hEorpa ar chúinsí poiblí na hÉireann anois: Maidir le gnéithe den reachtaíocht intíre agus Eorpach, i gcásanna go bhféadfaí go mbeadh easpa réitigh idir cumhacht orgáin phoiblí agus cearta saoránaigh, go mbunófaí Coiste Achomharc oifigiúil, de chuid an tSeanaid go príomha, mar chéim i bpróiseas gearánaithe, seachas cúis a thabhairt go dtí an Ard-Chúirt mar is gá i láthair na huaire. Go dtabharfadh leithéidí NESF, Foras na Gaeilge, Údarás na Gaeltachta, tuairisc phoiblí i láthair an tSeanaid go tráthrialta agus go dtabharfar aird ar pé moltaí a bheidh comhaontaithe ag an Seanad ag éirí as a bplé ar na tuairiscí seo. Is go poiblí is mó a chaithfear feidhmiú. Composition of Seanad Éireann Manner and basis of election In general, Comhar na Múinteoirí Gaeilge shares the views expressed by Helen Ó Murchú, our Stiúrthóir, in her article in the latest issue of our journal, Teagasc na Gaeilge 10 11 8. We understand that you have already received copies of this article. As a Nominating Body, we feel strongly that the role currently allowed us is insufficient. We therefore request the Sub-Committee to consider the enactment into law of Article 19 of the Constitution (below) among their Recommendations for real change. Provision may be made by law for the direct election by any functional or vocational group or association or council of so many members of Seanad Éireann as may be fixed by such law in substitution for an equal number of the members to be elected from the corresponding panels of candidates constituted under Article 18 of this Constitution. In light of the importance of education and culture in every aspect of the nation’s life and well being, we feel not only that more seats should be allocated to this panel, but that more seats should be allocated in general across the panels to the Nominating Bodies. This is especially current given the rolling back of the State and its increasing role as facilitator together with the accompanying increase in the role of the generality of the Nominating Bodies as actors, even State agents, in carrying out public policy. The following recommendation is then made, based also on the background of a large proportion of our public representatives at both local and national level. Panel Nat. Lang/Culture Oireachtas Nom. Bodies 5 5 Agric Labour 5 4 Ind/Com 4 4 4 4 Public Admin 4 4 Since the number of Nominating Bodies varies greatly from panel to panel, we suggest that internally in each panel the bodies be grouped according to their principal interest, e.g. Gaeilge in the case of 6 bodies under Education and Culture, and the number of seats be then divided across these subgroups. This would allow a broad spread of the available expertise to be represented in the Seanad. Where the number of seats is less than the number of subgroups, appropriate grouping of the subgroups may be made for the allocation of seats. Where the number of seats is greater, as in the case of the Labour Panel, even division is possible according to the total allocation proposed above. Voting should then be direct, one vote per nominating body, by proportional representation, as is currently the case for the present Seanad electorate. While bodies’ members may be consulted, voting should be by body not by members, because of possible anomalies. The membership of the voluntary organisation, Comhar na Múinteoirí Gaeilge, for example, at over 2,000, is quite different from that of the Board of the semi-state body, Údarás na Gaeltachta, since – presumably – the Údarás is not the Gaeltacht as region. University representation Comhar na Múinteoirí accepts as a basis for discussion the different possibilities mentioned in the article already cited. Given the development of higher education, it recommends the activation of Article 18 4 2 ii of the Constitution (below). Provision may be made by for the election…by one or more of the following institutions, namely: o the universities mentioned…. o any other institutions of higher education in the State, of so many members of Seanad Éireann. By institutions grouped together or by a single institution. Nominations of the Taoiseach If the number of nominations by the Taoiseach remains at 11, not more than 6 should be allocated on party basis. It is proposed that the remaining 5 seats be given to non-party or independent experts, recognised in their particular field, and closely mirroring the concerns of the 5 panels, Universities Panel excluded. Representation of Emigrants and persons from NI Representation is best accomplished through consultation with existing representative fora The Diaspora, in particular, is impossible to quantify. The Civic Forum in NI should be considered as a useful forum from which to find persons. Functions of Seanad Éireann Passage of legislation No change. Enhanced accountability etc. No change. Addition of the possibility to question Ministers on policy in general on a regular prescribed basis, separate from occasions involving legislation. Public Policy Through appropriate fora and reporting before both Houses of the Oireachtas. EU Affairs As 3. Above. Official visits on a formal and regular basis to EU Committees and reporting back to session of the Seanad. Reciprocal visits of Irish MEPs (in particular but not exclusively) for questioning by the Seanad on aspects of evolving policy. Appointment of Senators to the Convention on Europe or any other such future body. With regard to points 3. And 4., the following proposals in particular are made. With regard to both domestic and European-derived legislation, that an Appeals Body be established, principally of the Seanad, as part of the complaints process, in cases where there may be lack of reconciliation between the powers of a public body and citizens’ rights, instead of the citizen having to go immediately to the High Court. That bodies such as NESF, Foras na Gaeilge, Údarás na Gaeltachta be requested to provide public reports before the Seanad on a regular basis, and that notice be taken of any agreed recommendations arising out of Seanad discussion of such reports. It is vital that deliberations be public. 12 13 1.4 (4) Comhdháil Náisiúnta na Gaeilge Déanaim tagairt do do litir dar 9 Bealtaine maidir leis an athbhreithniú atá á dhéanamh ag do choiste i dtreo leasú ar Sheanad Éireann. Phléigh Comhdháil Náisiúnta na Gaeilge (LárChomhairle ar phobail na Gaeilge - féach Aguisín) do litir ag a cruinniú Dé Céadaoin 25 Meitheamh 2003. Tá spéis ar leith ag an gComhdháil i ról an tSeanaid agus tógaimid ár ról mar cheann d’fhorais ainmniúcháin don Rolla Saíochta agus Oideachais an-dáiríre más ról teoranta féin é. Rinne Helen Ó Murchú, Stíurthóir Chomhar na Múinteoirí Gaeilge agus iarrthóir i dToghchán an tSeanaid anuraidh cur i láthair ar a tuairimí faoin Seanad ag an gcruinniú. Shocraigh an Chomdháil tar éis an ábhair a phlé, tacaíocht a thabhairt do na smaointe a bhí nochtaithe ag Helen ina litir oscailte chuig Cathaoirleach do Choiste, Seanadóir Mary O Rourke. Tagaimis chomh maith leis leis na tuairimí a chuir Comhar na Múinteoirí Gaeilge faoi bhur mbráid 25 Bealtaine 2003. Maidir le Feidhmeanna an tSeanaid i dtaobh reachtaíocht a rith is í tuairim na Comhdhála gur cóir i bhfad níos mó reachtaíocht a thionscan sa Seanad agus mionscrúdú a dhéanamh ar an reachtaíocht chéanna. Sampla de sin is ea Bille na dTeangacha Oifigiúla 2002 a thionscanaíodh sa Seanad ach nuair a tháinig sé go céim an Choiste sa Dáil rialaíodh suas go 30% de na leasuithe a bhí thíos as ord. Ba leasuithe an-chuid díobh a bhí os comhair an tSeanaid cheana agus shílfeadh duine má bhí siad as ord gur cóir sin a bheith soiléirithe agus an Bille sa Seanad. Shabháilfeadh seo an t-uafás ama sa dá thaech dá ndéanfaí seo ón tús. Copy – Courtesy Translation I refer to you letter of 9th May regarding the review by your committee of the composition and functions of Seanad Éireann. Comhdháil Náisiúnta na Gaeilge (the Central Steering Council of the Irish language communities – see Appendix) discussed your letter at its meeting on Wednesday 25 June 2003. Comhdháil Náisiúnta na Gaeilge is particularly interested in the role of Seanad Éireann and we take our role, even if limited, as a nominating body to the Educational and Cultural Panel very seriously. Helen Ó Murchú, Director of Comhar na Múinteoirí Gaeilge and a candidate in last year’s election presented her views on the future of the Seanad to our meeting. After a full discussion the meeting decided to support the views of Helen Ó Murchú as outlined in her open letter to Senator Mary O’Rourke. We also agree with the views of Comhar na Múinteoirí Gaeilge as outlined in their submission to you of 23 May 2003. With regard the functions of Seanad Éireann in the area of passage of legislation, Comhdháil Náisiúnta na Gaeilge believes that much more legislation should be initiated in Seanad Éireann. We also believe that a more detailed examination of this legislation should take place while going through the Seanad. For example the current Official Languages Bill 2002 was initiated in the Seanad but when it came before the committee stage in Dáil Éireann up to 30% of the amendments were ruled out of order. Most of these amendments were already before the Seanad and had not been ruled out of order. Quite a lot of time could be saved in both houses if this had been done at an early stage. 14 1.5 (5) Dairy Executives’ Association Introduction Seanad Éireann has sixty members of whom eleven are nominated directly to the house by the Taoiseach. Forty-three are elected from five panels of candidates –the Cultural and Educational panel, the Agricultural panel, the Labour panel, the Industrial and Commercial panel and the Administrative panel. Each panel contains the names of persons with knowledge and practical experience of the interest represented by the panel. The remaining six are elected by certain universities at present – three by the National University of Ireland and three by the University of Dublin. The electorate for the forty-three members of the Seanad elected from panels of candidates consists of members of the newly elected Dáil, the members of the outgoing Seanad and the members of every Council of a County or County Borough. Where a person is a member of the electorate by virtue of more than one qualification, his or her name in entered once only in the Electoral roll. There is a separate election for each panel. Under the present system of election, the Dairy Executives’ Association is a body registered in the register of nominating bodies in respect of the Agriculture panel. Article 18.7 of the Constitution requires that the above panel shall contain the names of persons having knowledge and practical experience of the following interests and services: Agricultural Panel – Agriculture & Allied Interests, & Fisheries In relation to the composition of Seanad Éireann, the Dairy Executives’ Association considers that the manner and basis of election for the Agricultural Panel as set out above is reasonable in so far as it ensures that persons nominated through this panel must have an interest in Agriculture and Fisheries. The present panel system ensures wide representation for the varying interests and facets of Irish Society. Persons nominated by the Dairy Executives’ Association have always had an interest in Agriculture and Fisheries. It is the view of the Dairy Executives’ Association that the present system of election has served the Farming Industry and cooperatives well down through the years. The Dairy Executives’ Association is firmly of the view that the present system should be maintained. With Regard to University Representation, the Needs of the New Third Level Institutions must be Considered With regard to the functions of Seanad Éireann, the role of the Seanad in the passage of legislation is secondary to that of the Dáil. Government policy and administration may be examined and criticised in both houses, but under the Constitution, the Government is responsible to the Dáil alone. The analysis of Bills by members of the Seanad has proved to be beneficial down through the years. In the passage of legislation, the primacy of the Dáil is clearly established. It is difficult to envisage a situation where this could be changed. 15 1.6 (6) General Council of County Councils Introduction As with any contemplation of reform to a long-standing institution of the State it is difficult to expect a consensus of views. Rather what follows is a compilation of comments and suggestions made with varying degrees of approval by the members of our organisations during the consideration of your invitation to comment. We trust that, at the very least, they will form some basis for your committee to work from in the course of its deliberations. Composition of Seanad Éireann Manner and Basis of Election The main component of the Senate is the 43 panel seats for whom the 883 county and city councillors throughout the State have formed the bulk of the electorate since 1947. The General Council would be emphatic that any reform of Seanad should not interfere with this well-established and time-honoured form of election to the Senate. A major strength of the Upper House is that it is elected by public representatives who are themselves elected by the people thus giving an invaluable democratic underpinning to its composition. Any attempt to dilute this by creating channels for interest groups other than those with a democratic mandate would immediately and fatally undermine the democratic credibility of the Senate. The connection between local government and Seanad Éireann is mutually beneficial for such two key spheres in the conduct of Irish public life. The channels of communication available to members of Seanad Éireann, through their councillor support bases, ensure that they are fully conversant with issues on the ground affecting the public in all parts of the State. This reality assumes added value in the wake of the ban on the dual mandate which may over time somewhat diminish the intensity of the connection between local and national debate. Equally, the councillor involvement in the election of members of Seanad Éireann is good for our system of local governance providing an outlet at national level where problems identified in the local sector can be given an airing in the national political context. University Representation It was felt that it was now time to extend the franchise to the graduates of all accredited third-level institutions while retaining the total number of university seats at its present level. Nomination of Senators by An Taoiseach It was felt by the General Council that the number of seats currently allocated to the Taoiseach’s discretion could be targeted in a more definite way to ensure that groups which might be considered under-represented in the general political process might have some representation within this number. However it is accepted that devising systems to achieve such an outcome could result in re-inventing the complex nomination procedures that already exist in the Seanad. Representation for Persons from Northern Ireland It was also felt that there were grounds for considering representation from Northern Ireland again within the context of the Taoiseach’s allocation of seats. It was strongly advocated that the network of local authorities in Northern Ireland be used as the basis for any such representation thus repeating the democratic legitimacy of the Seanad election process in the Republic. Nominating Bodies There was concern about the criteria for accepting organisations as nominating bodies for Seanad Éireann. There seemed to be cases of overlap where more than one body representing relatively specialist areas of Irish life was accredited as a nominator. There also seems to be a small number of bodies with a very narrow remit and sometimes a title which purports to ally them with a particular sector of public concern and yet do not seem to have any particular presence on the ground in between Seanad Elections. A review of the criteria for nominating is recommended. Public Awareness As a general comment it was argued that more action should be taken to make the public aware of the composition of the Seanad and its complex electoral processes. As a minimum it was suggested that in advance of the election a statutory notice should be published in the newspapers (and not merely Iris Oifigiúil) identifying all the nominated candidates for the panel seats so that members of the public would be aware of the choices available to their local authority members. General Comment There was some degree of identification with criticisms of the relevance of the Seanad to the public in general. This lack of relevance was exacerbated by the complexity of its composition – the labyrinthine nature of the panels and sub-panels process being understood by relatively few people. Any amendment, which might simplify the processes of composition for the Seanad, without at the same time compromising any of the principles enunciated above, would be opportune. Conclusion I would appreciate if you would bring this submission from the General Council to the attention of your committee and perhaps consider an oral presentation from the organisation at a mutually convenient time. I would also request that the General Council’s submission be acknowledged in the print of any final document or report prepared by your committee. 16 17 1.7 (7) Institute of Community Health Nursing Composition of Seanad Éireann The manner and basis of election Satisfied University representation Increase the number of NUI representation to improve the present relative representation. Taoiseach should appoint someone of his nominations to represent emigrants and two others to represent the two traditions in N.I. To increase the maximum number to 64 and create a new panel under Art.18.7 which would reflect representation for emigrants and persons from N.I. Functions of Seanad Éireann Satisfactory, keeping in mind that the role depends on the performance of the Senators. The Seanad has already the power to enhance the parliamentary accountability and scrutiny. Since the Senators have the power by legislation, they should use their position and role to provide the means for review of public policy And also in European Union affairs. The latter may involve greater co-operation with other EU Senates, especially about issues, which are of concern to their peoples. 18 1.8 (8) Institute of Industrial Engineers Composition of Seanad Éireann Manner and Basis of Election Presently the local County Council members have complete say in who is elected to the Seanad, with the exception of the Universities. We feel that this is too one sided. Originally the Seanad was designed to be a vocational body, which represented the various groups in Industry, education, Health, Agriculture, Labour and others. Today however, apart from the privilege to put forward a candidate, the nominating bodies, such as ourselves have no other power. Therefore, we believe that the overall say of the public representatives in electing candidates should be limited by as much as 50% and instead extended to include membership of the nominating bodies. In essence the other five categories of nominating bodies would wish for the same rights as the University Panel. Please give this serious consideration. University Representation We believe that this works very well and should not be changed. This model should be extended to the other vocational panels. Taoiseach Nominations We believe that the Taoiseach should be given this privilege on condition that it is used to include quality candidature and not simply as a rest bite for unsuccessful election candidates. Representation for Emigrants and people from Northern Ireland This category should have representation of one or two seats and it would be most appropriate if these were to be included in the Taoiseach’s nominations. Functions of Seanad Éireann Role of Passage of Legislation This appears to be fine at present with a sufficiency of debate on the various Bills. Contribution to enhanced parliamentary accountability & scrutiny: There is need for a Senate Watchdog over all Dáil functions and proceedings and the people involved. Role in review of Public Policy The Seanad should reflect the norms of the time and peoples thinking on certain fundamental matters. It should have a greater role in the formation of what government policy should be, through a committee system of the Seanad. Role in European Union Affairs The Seanad needs to adopt a more enlightened policy that will seek to protect the National interests of the Irish State. In the uncertain developments of how Europe will develop within the EEC it is necessary that the Seanad be vested with powers to guarantee the independent national status of this country. These represent our comments on the various issues given by you. We would ask that you consider our comments seriously and we thank you once again for the opportunity to give them. We very much appreciate the privilege of being a nominating body, but feel that we have a lot more to offer. 19 20 1.9 (9) Irish Auctioneers & Valuers Institute Composition of Seanad Éireann The manner and basis of election Seanad Éireann was designed as a vocational house, but has operated, virtually throughout its existence and with only minor exceptions, as a political house. The IAVI does not envisage this position changing and questions the methodology for nominating candidates for many Seanad electoral panels. It is not productive that bodies, such as the IAVI, are asked to nominate candidates, who must then seek the votes of an electoral college comprised entirely of politicians. It is extremely difficult, in such circumstances, for a candidate to secure election to the Seanad without the backing of the political parties. In effect what happens, with rare exceptions, is that nominating bodies are requested, by politically active individuals, to grant those individuals a nomination. Only a minority of nominees, we believe, have a real connection with the body that nominates them to the panel in question. Thus, the vocational aspect of the original design of the Seanad no longer exists, if it ever did. It is questionable whether a truly vocational model, even if it worked, is merited in the modern economic world. Either the power to elect members of Seanad Éireann should be removed from politicians and given to the public, or else the power to nominate candidates to electoral panels should be taken over completely by the political parties, as it is their members who, in the end, dictate who is elected. University representation either in its current or in an amended form The wording used presupposes that University representation will continue and does not allow for its discontinuance, which we find an odd way to carry out this type of review, as it suggests the pre-determination of an issue that is surely open to question. While the entry standard to full membership of the body making this submission, the Irish Auctioneers & Valuers Institute (IAVI), is now at degree standard and its own direct entry programme carries an Honours BSc. degree, we find the fact that six Seanad seats are reserved for graduates to be both elitist and outdated. It is elitist in that it suggests that graduates are more deserving than others of representation in a democratic house of the Oireachtas. It may have been intended that graduate senators would balance truly "vocational" senators, but the system does not elect vocational candidates anyway and surely the justification for retaining a specified number of seats for university graduates has gone. Even within this elitism the current system of election, where three seats are reserved for graduates of a single university, with the other three being reserved for all other universities, is imbalanced and undemocratic, as an examination of the votes secured by successful, and unsuccessful, university candidates will show. The current system is also elitist and outdated in that it excludes graduates from other colleges. If the six seats must be preserved, there should be a single electoral college comprising all graduates in Ireland, and not just those from universities. However, we believe that the preservation of these seats, for such an elitist grouping, does not reflect the Ireland of the 21st century and is bureaucratically cumbersome and costly. 21 We therefore recommend that the university seats in Seanad Éireann be abolished, making the Seanad more democratic and more representative of the common citizen. The nomination of Senators by an Taoiseach In general the IAVI believes that, in recent years, this privilege has been used quite imaginatively by successive Taoisigh and we see no real need for great change. Perhaps, however, two of the eleven nominations should be at the behest of the Leader of the Opposition, as the Seanad can become overly dominated by senators from incumbent government parties. The most appropriate basis for providing representation for emigrants & persons from Northern Ireland Once again, this is worded in a manner that pre-determines whether there should be such representation, which is surely questionable in terms of an open review. The Seanad is a costly house run for, and paid for by, the population of the Republic of Ireland. There is an old political adage of no representation without taxation, i.e. that those who pay to run a country should elect its representatives. With the exception of An Taoiseach nominating prominent people from Northern Ireland within his nominees, should he/she wish, the IAVI does not believe that those who do not live in the Republic should have direct representation in Seanad Éireann. Functions of Seanad Éireann The role of Seanad Éireann in the passage of legislation In the view of the IAVI, the Seanad has performed well in this function. The contribution the Seanad could make to enhanced parliamentary accountability & scrutiny With 166 elected and fully paid Dáil deputies, many of whom are hardly taxed in terms of Dáil time, the IAVI sees little need to enhance the role of a part-time Seanad and would prefer to see Dáil resources, including its elected members, used more effectively and fully in this regard. The extent to which the Seanad could engage in the review of public policy etc. The comments made in the immediately preceding paragraph are relevant to this point also. The role of the Seanad in European Union affairs Having regard to the plethora of legislation etc. emanating from the European Union, there is a need for much greater vigilance by members of the Oireachtas. Too often, it is left to those outside the Oireachtas, with a keen interest in a particular matter, to find out what is happening and to raise the issue with the relevant Irish Government Department, if they wish to have any influence on the Irish Government's response to an issue. Such individuals and organisations do not, as a consequence, feel well served by their elected representatives in this particular regard. Consultation that does presently occur tends to be inadequate, with insufficient openness and inclusivity. The public, the business community and other interested parties deserve better. It would enable the Irish Government's position on most EU issues to be a considered view, truly representative of Irish interests and needs, were Seanad Éireann to act as a watchdog for Ireland and to o Keep fully abreast of EU developments; o Flag those developments early to interested parties in this country; o Encourage and facilitate full and open consultation. 22 23 1.10 (10) Irish Conference of Professional and Services Association Manner and Basis of Election Nomination The Executive Council of the ICPSA is the body, which ultimately determines which of the prospective candidates, secures a Seanad nomination. In the first instance all prospective candidates must be a fully paid up member of a trade union or staff association. Failure to provide written evidence of this means instant disqualification. All candidates are usually interviewed by each of the affiliates individually in order to ensure that if elected, they would properly represent the interests of both the ICPSA and the labour movement generally in Seanad Éireann. The ICPSA does not favour any one political party over another, neither does the ICPSA favour non party candidates over party candidates but views each candidate solely on his or her own merits. Selection The Selection of the seven nominated candidates is an elaborate process and is conducted by way of secret ballot. The method of election is proportional representation and an independent returning officer and scrutineers are appointed by the Executive Council of the ICPSA. The following is a list of ICPSA nominated candidates who contested the last Seanad election: o Dan Kiely (Outgoing Senator Fianna Fail) o Sean Lyons (Non Party) o Theresa Ridge (Outgoing Senator Fine Gael) o Terry Leyden (Fianna Fail) o Maurice Cummins (Fine Gael) o Geraldine Feeney (Fianna Fail) o Gary Keegan (Fianna Fail) Election Senators Leyden, Feeney and Cummins were successfully elected to Seanad Éireann and during the intervening period the Executive Council has had a number of meetings with the Senators and there commitment to the ICPSA cause has been very high. All the Senators availed of the opportunity to attend our Annual Delegate Meeting in 2002 in order to meet delegates from all affiliates and went to extraordinary lengths to show us how anxious they were to ensure that the ICPSA voice would be heard in the Oireachtas. Conclusion Seanad Éireann is a very important institution, which not only assists in the provision of checks and balances in the political process but also provides a forum where the views of vocational groups can be heard. The current manner and basis of election has ensured that the voice of both the labour movement and ICPSA are heard. A significant proportion of the ICPSA membership are members of the Security Forces and unlike other members of society generally, they cannot conduct they affairs with the same freedom as other citizens. Membership of the ICPSA affords the representatives of the Garda and Defence Forces representative associations with the capability of communicating our concerns to the Oireachtas through advocates who have a detailed knowledge of the matters concerning the ICPSA. Electing representatives in this way ensures that the upper chamber is a forum where Senators can discuss issues from a position of detailed knowledge thereby complimenting the Lower House. 24 25 1.11 (11) Irish Co-operative Organisation Society Ltd As a nominating body for the Agricultural Panel under the Seanad Electoral (Panel Members) Acts, 1947 to 1972, ICOS values its role and the contribution it can make to the composition of Seanad Éireann. Where our nominee is successful in being elected, it provides ICOS with a channel for raising matters of concern to co-operatives in general and to the food processing and rural co-operative services sector in particular. With particular reference to the co-operative food sector, the role of agriculture and food in the Irish Economy is undergoing dynamic and significant change and there is value in having the consequences of this change for Irish Society reviewed and debated in Seanad Éireann on an on going basis. Accordingly ICOS is of the view that the Agricultural Panel is still representative of a very important vocational constituency in Irish society and as such would strongly support its retention. ICOS’s own role as a nominating body provides it with the possibility of getting persons elected who are knowledgeable and sympathetic to the co-operative movement. Our view is that the emphasis being placed by Government on the role of the social economy and the pending changes to the agricultural and food sectors arising from CAP reform and WTO negotiations, reinforces the need for ICOS to maintain its right of nomination. The sub-committee might give consideration to the feasibility of introducing stricter eligibility criteria for citizens seeking nomination to the various panels to ensure that potential nominees had strong credentials representative of the panel from which they are seeking nomination. In regard to University representation, ICOS would see merit in extending the mandate to representation in Seanad Éireann beyond the existing two universities to include the University of Limerick and Dublin City University as part of a wider electorate for the existing university seats with perhaps the creation of one additional seat for that constituency. ICOS would support the provision of representation to emigrants and persons from Northern Ireland either through making two of the existing Taoiseach’s nominations mandatory in this regard or thro the creation of a separate electoral panel. In regard to the work of the Seanad, ICOS favours greater use being made of the Seanad to initiate and revise legislation. The use of Joint Committees of the Oireachtas has worked well and consideration should be given to expanding this mechanism, which appears to foster more independent and incisive debate on issues of national and sectoral importance. 26 Submission 1.12 (12) Irish Hardware & Building Materials Association The IHBMA wishes to comment on the composition of Seanad Éireann, namely Section 1 – the manner and basis of election. The members of our Association and their employees, number over 18,500, support the continuation and expansion of our panel, which is the Industrial and Commercial Panel. It is the view of our trade that it allows direct representation from commercial sectors and provides very valuable feedback in both directions. While we consider that direct voting by paid-up members of trade associations, such as ours, as well as local authority members, would widen the basis of inclusion, we also understand that this might give a disproportionate advantage to larger associations. We commend the work of Seanad Éireann, particularly its lively debates during its current term of office. 27 1.13 (13) Irish National Teachers’ Organisation The INTO believes that the "University Panels" provide a valuable mechanism for broadening the representative nature of Seanad Éireann, particularly in so far as these constituencies facilitate the election of Independent Senators. We are concerned however, that the current electoral base for these constituencies is too narrow. For example, teachers who are graduates of either NUI or Trinity College are eligible to vote in Seanad Elections. Teachers who are graduates of other Third Level Institutions do not have this opportunity. We believe that this is inequitable and it is our recommendation that eligibility to vote on the "University Panels" should be extended to Third Level Graduates of all universities and colleges in the Republic. 28 1.14 (14) Irish Road Haulage Association The Manner & Basis of Election There should be more availability of places and a means by which people from Industry can become Senators. To this end, of course the mechanism of how the selection and election of candidates would have to be looked at. At the present time, there is very little hope of any one from the service industry being elected other than by Taoiseach nomination. Then even this means is limited, due to the political party’s requirements to have party members nominated to the possibility of election to the Dáil at some future date. Therefore, we the Irish Road Haulage Association, would like to see a move to have people from our own Industry or from the broader transport sector which in itself is very wide and to which we as an island people are very dependent, with the opportunity to become a Senator. To this end, we believe the Senate would become a broader forum, drawing on the businesses and life experience of these sectors of our country, thus taking the Senate more into what was originally expected of it. An upper house of the Oireachtas drawing on a wider range of people and experiences in an endeavour to shape and influence legislation, so that subsequent legislation would be stronger and more reflective of these wider influences and experiences. To the matter of elections, a suggestion would be that registered Trade Associations like ourselves, the Irish Road Haulage Association, would as well as being a nominating body would have a certain number of votes for a panel. This panel would be solely to select candidates from the Transport sector, which would be allocated 1 or 2 Senate seats. Then once the candidates for these sectors are chosen, the existing electorate of county councillors could still stand, instead of electing a party candidate their choice for this restricted independent panel would be along the lines of selecting the best candidate as they present themselves or selecting the candidate from the sector which has most bearing on their area. The Most Appropriate Basis for Providing Representation for Emigrants and Persons from Northern Ireland The IRHA is a registered body and plays a supportive role to the road transport sector. There are many registered bodies in other countries dealing with different aspects of Irish emigrant life. Of these, there should be a general registration with the Department of Foreign Affairs. Then, within the framework of rules for the new type Senate, there should be a mechanism where these bodies could be requested to attend and speak in the Senate on matters relevant to their sphere of interests. Also, these bodies could of their own initiative apply to be allowed make a presentation in the Senate and as long as they have a quorum of Senators to recommend their appearance, then they may come and make a full presentation of their views to the Senate and this would include being able to present their case to the relevant Minister when they are in the Senate. The Role of Seanad Éireann Should the Irish Road Haulage Association or any one from the transport sector or other commercial sectors not be allowed to become a Senator this is from our proposals to section One- “the manner and basis of election”. We would like to see a situation similar to what we have suggested for emigrants, whereby representations from interested bodies may be allowed to go to speak in the Senate on relevant issues and formulation of legislation. Again the dividing factors on who should be allowed, could be either by the invitation of the Senate or by request from interested bodies that would need a relevant number of Senators signatures to back up their request and guarantee them speaking time. The Contribution the Seanad could make to Enhanced Parliamentary Accountability and Scrutiny Of the two types of representation methods, we have suggested i.e. A Senate seat for a person from our sector. Speaking time for relevant bodies to address the Senate. The preferred option is to have a Senate seat for different areas of business. There could be one or two Senate seats for: Transport Tourism Farming Banking Hotels & B&B Exporters Legal or what ever headings are decided The government of the day have a majority or at best a slim majority. Therefore the proposed legislation would have to be persuasive enough to bring the independent Senators on board to make sure of its passage. In addition the Minister would have to be accountable in the Senate as is the case at present. However, due to the fact that there would be a wider sphere of Senators, the Minister would come face to face with more independent debate on the issues and therefore have to ensure that the proposed legislation was capable of passing the tougher opposition. As a result of this, we believe the Senate would enhance parliamentary accountability and the Minister and his government would come under scrutiny then here to fore. 29 30 1.15 (15) Irish Thoroughbred Breeders’ Association As a nominating body to Seanad Éireann, who had two candidates elected in 2002, the ITBA represents a very important indigenous Irish industry. We feel it is important that the concerns and needs of our industry should continue to be understood in the Oireachtas and would support the existing election procedures. For some years it has been very clear that the European Union is having an increasingly influential effect on the day-to-day lives of the citizens of member states. As a result we would consider it very important that the Seanad should monitor and debate developments in Brussels and their potential impact on Ireland. We would also, as a 32 county Association, encourage closer contact and representation from Northern Ireland. 31 1.16 (16) Law Society Introduction The Law Society supports the retention of the Seanad as a second house in our parliamentary system, and believes that there are good arguments for the preservation of the Seanad as an institution. The Society also recognises that there is a political need for reform of the nomination of candidates and a widening of the electorate. The Seanad has a role to fulfil in ensuring the widest possible representation of different elements of our society, and in bringing added value to legislation brought forward by government. It also has the potential to contribute much to the specialist Oireachtas Committees, to debate of general public interest, and through the work of individual Senators in other areas, such as support for international organisations. The Manner and Basis of Election We recognise the justice of the objections to the current system of election of senators, which emerged most recently during the last election and focused mainly on university representation. We believe that the case for separate, sectoral representation of the universities can only be justified if other sectors are also represented. The university representatives have made a disproportionately strong contribution to the work of the Seanad, and for this reason we would be unhappy to see university representation abolished. However, we believe that restricting eligibility for election to graduates of the NUI and University of Dublin is no longer justified, and that graduates of all third level institutions should be eligible to seek nominations. Restricting the electorate to university graduates is hard to justify and has implications of elitism. The better course is to recognise that all citizens should be able to elect senators from a number of panels. If graduates are retained as the electorate of this constituency, it may be more practical to have one constituency for all candidates, so that graduates all vote from the same list of candidates. The number of graduates has increased hugely since the present system was instituted, and the administration of the election of the six university senators is expensive and unwieldy. The panel, selection and constituency method of electing senators is lacking in transparency and should be reformed. We see much merit in the recommendation of Kathleen Lynch that a new panel system could be built on the social partners identified by the NESF, as outlined in Appendix 6 of the Report of the Constitutional Review Group 1996. The social partners identified by the NESF could be added to as required, and the universities could be represented on such a panel. This would also have the effect of distancing the Seanad from the Dáil by removing the nomination of these candidates by Dáil members, although it is recognised that many candidates will be politically affiliated to a greater or lesser degree. There is no reason why at least a number of senators should not be directly elected, and providing for this would enhance the legitimacy and authority of the Seanad, as well as meeting one of the main objections to the current election system. As with the University senators, we understand that valuable expertise in good administration is contributed by the local authorities’ nominees and believe that this should be retained. If the principle of direct election is accepted, at least for a proportion of the seats, there is much to be said for large constituencies, which will enable minority representatives to be elected. Such candidates will often have no chance in smaller constituencies, but on a wider basis would have sufficient support. The constituencies could be based on the elements of the social partnership mentioned earlier. Alternatively, they could be based on large geographic constituencies similar to those used for the European Parliament elections. It has been suggested that de-coupling the election of senators from general elections would help to distance the Seanad from the political pressures of the Dáil, and there is merit in this. If the Taoiseach-nominated senators were to have a term limited to the life of a government, this might solve the problem of maintaining a Government majority. However, it would no longer be possible to nominate valued politicians who have failed to obtain a Dáil seat to the Seanad, and it may be unrealistic to seek to abolish this possibility. Access by MEPs to the Seanad, or giving them seats there, could serve a useful purpose in bringing the European Parliament closer to the people. Membership of the Seanad could give MEPs a forum to explain and account for their actions on a regular basis, not just at election time, as is the case at present. At 60, the number of senators is sufficient and should not be increased. One possible reconstitution of the Seanad election system is as follows: 30 senators directly elected by universal suffrage, with nominations from the social partners, university graduates and other representative panels. The European Parliament constituencies could be used. 20 senators elected by the local councils, nominated by them, the constituencies being the European Parliament constituencies, or perhaps one all Ireland constituency. MEPs and TDs could also be included as electors, but we would not see a role for outgoing senators. 10 senators nominated by the Taoiseach, following guidelines of a non-imperative nature, to be agreed. The Nomination of Senators by the Taoiseach If well used, this power can bring much needed expertise and unusual qualities into the Seanad. It should be carefully used, however, to ensure that senators appointed in this way have a real contribution to make and the interest to commit to this task. Guidelines could be drawn up to guide the nomination choices, from which the Taoiseach could diverge for good reason. Representation for Emigrants and Residents of Northern Ireland This could be arranged by including a panel for such candidates in the directly elected group, and requiring people who wish to vote to register for this panel. However, there are democratic difficulties in giving political power to an electorate, which is not resident in the country, and there are considerable potential difficulties in defining this electorate. The Role of the Seanad in the Passage of Legislation Many aspects of the role of the Seanad have already been identified in published writings: its role in adding value to the political process by scrutinising legislation and offering amendments, in representing interests which are not fully represented in the Dáil, in initiating legislation and debating important issues. The less pressured conditions of the Seanad have also proved valuable for the introduction of more innovative and technical legislation, to which the expertise of senators has been able to contribute, and this use of the Seanad is one, which should be encouraged. Enhanced Parliamentary Accountability and Scrutiny Committed public representatives with experience of the parliamentary and civil service systems have clearly much to offer in scrutinising legislation originating in Ireland and the 32 EU, and indeed other international instruments. Much will however depend upon the calibre of those elected, and we would see reform of the election procedure as the key determinant to the future of the Seanad. However, it is possible that enough people of sufficient calibre will not seek election as senators unless the powers of the Seanad to be an effective organ of the Oireachtas are enhanced. The recommendations of Michael Laver in Appendix 7 of the Report of the Constitutional Review Group 1996 deserve consideration. 33 34 1.17 (17) Library Association of Ireland Composition Manner and basis of election The Library Association of Ireland wish to retain the current system of nomination by professional bodies as outlined in Bunreacht na hÉireann. As libraries are crucial to the educational and cultural heritage of our society as well as to its economy, we value the right to nominate to the Cultural and Educational Panel. We are satisfied that the electorate of county councillors, new TDs and out-going Senators is representative, as all have been elected. However, we would suggest that the composition of the electorate be expanded so that each nominating body should have one vote in the election for the appropriate panel. Functions The constitutional position is laid down in Bunreacht na hÉireann and we would not recommend any changes. We believe the Seanad has a crucial role in the passage of legislation that affects all fields of human endeavour- cultural, educational, scientific, technical, medical, legal and economic. We do not propose any change to the existing system of checks and balances in relation to enhanced parliamentary accountability and scrutiny. The Library Association of Ireland believes that Seanad Éireann should engage in the review of public policy. We suggest that the Seanad could do this by initiating public hearings on matters of public policy and that such hearings would be open to the public. Public policy matters that are important to this Association would be those that impinge on the social, educational, democratic, cultural and intellectual heritage and economic well being of our citizens. We believe that people, individually or in communities and organisations, need universal and equitable access to information, ideas and works of the imagination. The Library Association of Ireland suggests that a right of audience and participation in Seanad Éireann by Irish MEPs where European matters are being discussed should be considered. Such debates should be open to the public. We believe the Seanad’s role in relation to European Union affairs could be enhanced by allowing for the initial debate on EU Directives to be held in the Seanad. The relevant Minister would introduce the Directive. Following debate in the Seanad, the Directive would then pass to the relevant Committee before the introduction of draft legislation. The Seanad would have an important role in relation to any cultural heritage initiatives from the EU. 35 1.18 (18) Local Authority Medical Specialists Ltd Composition of Seanad Éireann Our members, convinced of the unfair disparity which has always existed between the two constituencies of the National University of Ireland, and Trinity College, Dublin, with the small constituency of Trinity College electing the same number – three Senators –to Seanad Éireann as does the enormous constituency of the National University of Ireland, recommend a change in article 18.4.1 to read as follows: “The elected members of Seanad Éireann shall be elected as follows: One each shall be elected by: o National University of Ireland, Cork o National University of Ireland, Dublin. o National University of Ireland, Galway. o University of Limerick. o National University of Ireland, Maynooth, o Trinity College, Dublin. o Queens University, Belfast. Forty-three shall be elected from panels of candidates constituted as herein after provided” It would appear that the changes we recommend could be made without the need for a constitutional referendum by reference to, and indicated by, Article 18.4.2. ii, as well as Article 18.4.3. The extra Senator elected by the addition of Queen’s University of Belfast to the University electoral panel can be balanced by a reduction in the number of Senators elected from the five panels under article 18.7.1. and Article 18.7.2. which allows an adjustment under the constitution of not more than eleven, and not less than five members of Seanad Éireann elected by any one panel. The adjustment in the University Electoral Panel as outlined will allow then for some representation from the Six Counties of Northern Ireland. As regards representation for our emigrants, the Company cannot see any way under the present constitution that such representation can be achieved. Should a change in the constitution be considered by the Committee, the Company is of the opinion that the only fair way of allowing our emigrants have representation equal to our resident nationals would be by a change in the present system of election to an Seanad. This would require a constitutional change in Article 18.4.1 iii, and Article 18.7.1. Instead of forty-three candidates being elected to an Seanad from the five panels i., ii., iii., iv., v., the total nationals entitled to a vote in the General election to an Dáil should also be allowed vote on the same day for separate candidates to be elected to Seanad Éireann. In this manner, all Irish Citizens abroad, previously registered on an electoral panel held by our Embassies abroad, could then be allowed participate in the Seanad Election, as could our Citizens in the Six Counties of Northern Ireland. Functions of Seanad Éireann The present system in the consideration of bills from an Dáil, and the acceptance of majority amendments from an Seanad for debate and acceptance or rejection by the Dáil, should continue. The participation of representatives from an Seanad should be considered in all Parliamentary Committees. Our MEPs should report by law at regular intervals to both an Seanad and an Dáil, such reports being debated, amended and voted upon accordingly, and our MEPs’ directed accordingly. 36 37 1.19 (19) Marketing Institute We believe that the role of the Seanad or rather its intended role needs to clarified, and it’s against that background that one could best address what reforms it might usefully undertake. There is a clear need for the Seanad to have a high profile public image so that the public at large could have a clearer appreciation of what it does. It seems to currently appear as an appendage to the Dáil and that the Dáil will always get its way; it doesn’t appear to have sufficiently independent role, but generally we would not have much perception of that. It has an image of being an institution where people are elected by their own peers (the electorate, except for the University seats and Taoiseach’s nominees, are elected persons --- TDs, Senators and County Councillors), and that it comprises people who aspire to be TDs, or who have lost seats as TDs. Its original Constitutional role, to be representative of trades, associations, etc. does not seem to be an active consideration because of the above mentioned point, and the only role of trade groups is to act as nominating bodies. Aspiring political party candidates predominate in the list of candidates for Seanad elections and often solicit nomination from a nominating body but that can be a purely mechanical part of the nominating process; bearing in mind the electorate, it would be difficult to see anyone being elected to the Seanad purely as a nominee from a nominating body. There is a need for the Seanad to make regular updates to nominating bodies on what it is doing, issues it is addressing, and also to seek the views of the nominating bodies on topics, it is discussing, legislation it is proposing or considering, etc. Not all nominating bodies are in a position to maintain regular monitoring of what is going on in the Seanad, so the Seanad should, with its resources, keep these bodies informed and actually request their views on issues, as distinct from such bodies having to make representations to party spokespersons as that can leave the impression of bodies taking ‘political sides’. We believe that the Seanad could take a more pro-active role in reviewing public policy but that needs to be done by inviting nominating bodies and other appropriate bodies to meet with the Seanad from time to time and present vocational views on issues, views that could be presented in other than a party political context. A modern communication policy is essential for any arm of the Oireachtas, and especially for the Seanad, which needs to be clear about its role vis-à-vis the wider electorate and the general public. It’s difficult to see a justification for a Taoiseach of the day to have the right to nominate 11 out of 60 senators, i.e., more than one-sixth, other than that it’s a mechanism to ensure that the Seanad does not block or hold up Dáil proposals. Europe has become a crucial dimension or Irish life, and it would benefit from a greater focus if a body like the Seanad could have a special responsibility for reviewing it on an ongoing basis, first from the vocational perspective, i.e. reflecting views from nominating bodies, and then from a political perspective. 38 1.20 (20) Marketing Society Composition of Seanad Elections should be more broadly based, including all social partners and 'stakeholders' in society, parents not working outside the home, carers, unemployed, students, public servants etc. Should be amended to include broader electorate of ALL third level institutions. Should be restricted to non-politicians, not unsuccessful election candidates. More Northern Ireland representatives, at least 6 to reflect main MLA parties. 'Diaspora' should have representatives; UK, USA, Canada, Australia and other key groups e.g. in all EU member states. Function Of Seanad Items 1. /2. /3. Should be strengthened via committee system or perhaps with joint committees with the Dáil. 4. MEPs should be 'de facto' Senators or have speaking and voting rights. 39 1.21 (21) Multiple Sclerosis Society of Ireland Ltd Under the present composition of the Seanad, all charitable organisations have a nomination but no elected member to represent people with disabilities, their families and carers. In order to ensure equal participation of people with disabilities, it is imperative that they are included in the decision making process. To this end, the MS Society would like to see two seats in the Seanad reserved exclusively for groups representing people with disabilities: One for intellectual disabilities One for Physical and Sensory disabilities This will ensure that all people with disabilities have representation in matters that affect them and thereby have the opportunity to participate fully in decisions that influence their economic, social, political, educational and cultural entitlements. 40 1.22 (22) National Association of Regional Game Councils Composition of Seanad Éireann Manner and basis of election At present, members of the Seanad are elected to various Panels by members of the Oireachtas and local authorities. The affect of this is that the Seanad is largely party controlled with little opportunity for the successful election of Independents. Consequently, it is fair to say that the composition of the Second House of the Oireachtas does not necessarily reflect the electoral wishes of the citizens. This also contributes to an increasingly widely held view that the Seanad is in fact a “closed shop”, the main purpose of which is to serve the political party system rather than the electorate. Because of the absence of participation by Irish citizens in the election of the Seanad, there is also a widely held view that it is an institution which is largely irrelevant to the citizens of Ireland and an institution whose main function is perceived to be that of “rubber stamping” legislation sent there by the Government. It is the view of The National Association of Regional Game Councils (N.A.R.G.C.) that in order for the Seanad to become more relevant to the citizens of Ireland that transparency in the election procedure is vital. N.A.R.G.C. submits that the members of Seanad Éireann should be elected by the citizens of Ireland in the same way as the members of Dáil Éireann. University representation Little is actually known regarding the mechanism for the election of Senators representing the University Panel. However, it is the view of N.A.R.G.C. that it is vital to retain the Academic Panel. Nomination of Senators by An Taoiseach The nomination of Senators by An Taoiseach is seen by most citizens as a mechanism solely for the Taoiseach to bestow favours on party supporters and provide an Oireachtas position for TDs, which the citizens have already chosen not to elect. When a candidate for election to Dáil Éireann is rejected by the electorate, the Taoiseach should not effectively circumvent that democratic decision by appointing such a person to the Seanad. It is the view of the N.A.R.G.C. that this practice is undemocratic. The N.A.R.G.C. does not have a difficulty with the principle of the Taoiseach nominating a certain number of Senators but such nominations should be confined to people who have already clearly demonstrated a capacity and expertise to contribute to the formulation of policy and legislation in particular fields and should not have already been rejected by the electorate. In this regard, those candidates, which are specifically nominated by An Taoiseach, should satisfy a laid down criteria. It is submitted that only in this way can a perception of the current system of nomination by An Taoiseach being no more than the distribution of favours be overcome. Appropriate basis for providing representation for emigrants and persons from Northern Ireland The N.A.R.G.C. submits that an extension of the current Panel system should be considered to provide representation for emigrants and persons from Northern Ireland. This would mean an increase in the number of Panels. Functions of Seanad Éireann The role of the Seanad in the passage of legislation 41 Presently, the Seanad is perceived as being an institution, which serves only to rubber stamp decisions already taken in Dáil Éireann. It is clear from any viewing of the proceedings in Seanad Éireann that debates on legislation in the Seanad follow the same party lines as occurs in Dáil Éireann and therefore raises the question as to whether the Seanad serves any useful function at all in the enactment of legislation. N.A.R.G.C. submits that the Seanad would be far more effective in debating and influencing legislation if Senators were not subject to Party Whips. The contribution to the Seanad could make to enhance Parliamentary accountability and scrutiny Presently, the perception, as already stated, is that the Seanad merely confirms decisions on legislation, which have already been taken in Dáil Éireann. Ministers regularly address the Seanad on legislation and again, the perception from any viewing of such proceedings in the Seanad, would seem to indicate that Ministers are “ring-fenced” as regards accountability to the Seanad. In essence, Ministers rarely come under any pressure from debates in the Seanad, which would motivate a Minister to perhaps re-think an aspect of his legislation. Ministers invariably attend the Seanad to deliver preprepared speeches on legislation for which the outcome has already been decided. The N.A.R.G.C. believes that the prohibition on the use of Party Whips as mentioned already would in effect provide a greater motivation for members of the Cabinet to be more accountable. The extent to which the Seanad could engage in the review of public policy: Any review of public policy is best achieved through public consultation and participation. To this end, the Seanad should provide some definitive structures, which would facilitate presentations and submissions by the public on policy matters of public interests. To achieve this, it is not necessary only to provide structures, but also to provide public information on their availability. In other words, the N.A.R.G.C. submits that the Seanad must become more pro-active in its interaction with the citizens. At present, there is a widely held perception that the Seanad is not available to citizens of Ireland and this is reinforced by the manner in which members of Seanad Éireann are currently elected which of course, excludes participation by Irish citizens as a whole in that process. The role of the Seanad in European affairs: It is the view of the N.A.R.G.C. that this is a question, which applies not just to Seanad Éireann but equally to Dáil Éireann and to Irish MEPs. To a large extent, other than those organisations and institutions who have a direct interest and contact with matters arising from decisions of the European Union, in general, citizens of the country regard the actual functioning of the Union as largely irrelevant to them and something which happens only in Brussels or Strasbourg. For example, there is little public information provided in a pro-active way about the issues, which Irish MEPs are being asked to address at European level and even more importantly, their performance on behalf of Irish citizens. Equally, the same applies to Dáil Éireann and sadly; Seanad Éireann’s connection with European Union matters is seen as even less. Many of the decisions currently being taken at European Union level are having profound impact on the lives of EU citizens, including those living in Ireland. Examples of this are the Habitats Directive and its implications for landowners and the environment generally, the Water Framework Directive, the proposed Directive on Food of Animal Origin and various other Directives concerning public health and safety. However, the only time when Irish citizens become aware of these issues is when they generate controversy here in Ireland and of course, by that stage Irish citizens are being exposed only to negatives. This is a serious failing in the entire system. Seanad Éireann could in effect have a role to invite MEPs to make presentations to the Seanad on different issues arising at EU level and in doing so, outline the consequences of proposed legislation, the positions being taken by those MEPs and the reasons for those positions. The Seanad could then have a role and we say a right to have matters, which are of public concern raised and debated in the Dáil. 42 43 1.23 (23) National Youth Council of Ireland Introduction The National Youth Council of Ireland (NYCI) considers the principles of inclusiveness, participation and equality should guide debate regarding the status of young people in relation to the reform of Seanad Éireann. Young people’s inclusion and participation in the political, economic and social life of the country needs to be facilitated. It should also be recognised that young people have rights as individuals and not just as members of their families. It should also be noted that NYCI is a nominating body for the Seanad elections and therefore has particular interest in the promotion of young people’s rights in Irish society. This consultative process also serves as an opportunity to highlight the fact that the Seanad must become more relevant to young people in their everyday lives. Composition Manner and Basis of election to Seanad Éireann Although an 18 year old has the right to vote at elections and referenda and the right to be a member of a local authority, the age specified in Article 16.1.1 of the Constitution (eligibility for membership of Dáil Éireann) is still “the age of twenty-one years”. Moreover, to be eligible for membership of Seanad Éireann a person must be eligible for membership of Dáil Éireann. (See Article 18.2 of the Constitution.). In keeping with NYCI stated principles regarding the involvement and participation of young people in all areas of Irish life, we consider that if young people can votes at 18, they should also have the right to decide themselves whether they should stand for election. NYCI recommends that The Constitution is amended so that young people at the age of 18 years can represent the public as a member of Dáil Éireann and subsequently, the Seanad. NYCI regards the process of electing to Seanad Éireann as unfair and exclusionary. The Constitution Review Group in its 1996 report said that the Seanad should either be reformed or abolished. As it stands, the Seanad has 60 members, the vast majority of them being elected from five separate vocational panels. These panels are not representative of all sectors of society and at present, it fails to provide a voice for relatively large and vulnerable sectors of Irish society, including young people. NYCI recommends that The method of electing representatives to the Seanad through vocational panels must be reformed and subsequently widened to include representatives of people more vulnerable in Irish society. University representation either in its current or amended form Government has failed to pass a simple amendment to the Seanad Electoral (University Members) Act 1937, which would allow graduates from all higher education institutions the same rights as graduates of the NUI and TCD to elect members of Seanad Éireann. NYCI regards this as a case of unequal representation of the university sector and must be amended. NYCI recommends that 44 The NUI and University of Dublin Seanad Electoral Panels should be amalgamated into a six seat Graduates Panel, open to all graduates from all the Universities, Institutes of Technology and other Higher Education Institutions. Representations for Emigrants and people from Northern Ireland The Government announced in January 1995 that the overall membership of the Seanad would remain at 60 but that three representatives of the eleven members, who are nominated by the Taoiseach, would be representative of emigrants. This proposal was never realised, as there was never agreement on a single model of how this could be achieved. NYCI believes that this issue must be resolved in the reform of Seanad Éireann, but highlights the following issues: o The issue of taxation must be resolved (i.e. if you are not paying tax in the Republic of Ireland, why should you have a say on how it is governed) o The issue of discrimination must be resolved (i.e. if the Government were to allow emigrants and people in Northern Ireland to vote, then logically they would have to extend the general vote to the entire Irish electorate). o While immigration is still a factor, Ireland is now predominantly a country of immigration rather than emigration. The CSO estimates that there is now almost 30,000 net inward migration per year. With respect to these caveats, NYCI recommends that The Government, in conjunction with the Seanad, re-examine the consultation paper “Representation of Emigrants in Seanad Éireann”, published in 1996 by the then Minister for the Environment, with a view to determining if the proposals contained within it form the basis for moving forward on the issue. If they do, the Government should then proceed with the required legislative and constitutional amendments to enact it. If the 1996 proposals do not form a sufficient basis for moving forward, then the Government should draw up a new Green Paper on this issue, proposing a new way forward. Functions The Role of the Seanad in legislation, public accountability and debate It must be noted that a significant amount of debate on current legislation and blockages within the political system occurs in the Seanad. This must be acknowledged at a time when Dáil debate has been heavily curtailed. NYCI also acknowledges that fact that Governments and politicians are more likely to initiate legislation in the Seanad than they were 10 years ago (e.g. Freedom of Information (amendment) Act). However, there is a pressing need for the role of the Seanad to become more relevant and more accountable to the lives of Irish citizens. NYCI recommends that The Seanad be given responsibility for having an annual ‘State of the Nation’ debate, where it reviews how the State and institutions are addressing the needs of Irish Citizens. The Seanad set up a committee to monitor and review the new social partnership agreement ‘Sustaining Progress’. The committee would have responsibility to monitor implementation of the agreement and it would also provide social partners with an opportunity to discuss progress with the Oireachtas. The Role of the Seanad in European Union Affairs NYCI believes that the Seanad should be afforded additional responsibilities in relation to European Union affairs. NYCI concurs with the National Forum on Europe Chairman Senator Maurice Hayes in relation to the role of the Oireachtas and European Union Affairs. According to Senator Hayes: o “Recent Government proposals on Oireachtas reform are aimed at ensuring that the Dáil and Seanad play a more effective role in making the Executive accountable for its conduct of EU business and in informing the public of developments. I believe it is fair to say that all members of the Forum welcome this long overdue effort to make the process clearer, more accessible and, above all, more accountable. They assuage some of the concerns that have been expressed about the need to bring Europe closer to the people through the Dáil and Seanad” NYCI recommends that MEPs and the Irish EU Commissioner should automatically be allowed to attend and participate in the Seanad, without voting rights. This would allow for greater coordination of National and European politics and policies. The Seanad be given an ‘oversight role’ regarding EU legislation, so that any major proposals that the European Commission or European Parliament make would have to be debated in the Seanad. 45 46 1.24 (24) Old Dublin Society Composition of Seanad Éireann The Seanad should have ex-officio members who were former holders of certain offices e.g. President, Taoiseach, Leader of the Opposition, Ceann Comhairle, Cathaoirleach of the Seanad, provided they no longer have seats in the Dáil. Other senators should be nominated by appropriate cultural interests – learned societies, education, industry, medicine, arts, science, rural community interests, etc. The electorate should be expanded, possibly to that of the Dáil. The number of University seats should be increased, possibly to nine, i.e. and additional three seats for the more recent third level Colleges, and Technical Institutes. The Taoiseach’s nominees should be, as far as possible, non-political. Neither Emigrants nor people from Northern Ireland should have a vote in the Government of the country. Votes in all elections should be limited to those who are personally affected. Functions of Seanad Éireann Item 1: The role of the Seanad should be two-fold. It should have the power to review legislation, and possibly delay it for reconsideration by the Dáil. Or refer it to the Supreme Court for a decision on issues of constitutionality. Item 1: It should have power to initiate legislation on topics, which might be unattractive to politicians unless backed by the authority of such a body. Item 2: See note 1. Item 3: See note 1. Item 4: The role should be, as at present, through it’s critique and examination of Dáil proposals on European Affairs. 47 1.25 (25) Restaurants Association of Ireland Composition The manner and basis of election It would appear that the election process to Seanad Éireann is cumbersome in the extreme and in the opinion of the Restaurants Association of Ireland this could negate against candidates who are not affiliated to major political parties. Therefore, there is a strong possibility that quality candidates may not have a chance to be elected and may even be eliminated at the very earliest stages of the election process. University representation either in its current of in an amended form. The nomination of Senators by An Taoiseach, and the most appropriate basis for providing representation for emigrants & persons from Northern Ireland: The contribution to Seanad Éireann by university representatives is vital, however, we in the Restaurants Association of Ireland are of the opinion that in today's Ireland there is a strong case to have a greater business/industry representation in Seanad Éireann and that the university quota of seats should be reduced to accommodate this. The Restaurants Association of Ireland believe that the process of An Taoiseach's nominations to Seanad Éireann should cease however, the Taoiseach should retain the right to nominate candidates to represent emigrants and persons from Northern Ireland. Functions of Seanad Éireann With regard to the functions of Seanad Éireann the Restaurants Association of Ireland is satisfied with the status quo however, the Seanad could engage in a structural programme to be proactive in the areas of public policy and European Affairs. 48 1.26 (26) Royal College of Surgeons in Ireland Functions Reform of the Senate must include a review of its functions as proclaimed in the Constitution and as presented to the public. The work of the Senate might benefit from more precise definition of its roles and responsibilities. Currently its role appears somewhat nebulous and consequently public opinion of its importance is somewhat confused. This is most unfair and unfortunate, but it can be readily redressed by a more forthright declaration of its importance and role. Composition The current composition would appear to be at variance with the purpose as originally envisaged. Even though the Senate membership was not meant to replicate party affiliations, the current system of election via Panels and County Councillors as well as the Taoiseach’s eleven has largely resulted in a replication of party representation in the Dáil. This is not necessarily in the best interests of democracy. In general, the Vocational Panels no longer reflect the profile of the general public as originally envisaged under the Constitution. The panels and number of representatives in brackets are: Cultural and Educational (5), Agriculture (11), Labour (11), Industrial and Commercial (9), and Administrative (7) As can be seen from the above, the distribution of membership across the panels is no longer an accurate reflection of modern Ireland. In particular, the size of the Agricultural Panel is out of proportion for this sector of society. A more appropriate profile for the Vocational Panels might be gleaned from the membership of National Economics and Social Council (NESC) or the Social Partnership, which has done so much to steer Ireland’s economic and social development over the past decade. Nomination and Election The current practice of election by County Councillors is totally outdated. It originates from a time when the only representatives of the greater public interest were local public representatives. This is no longer the case. Employers, employees, farmers, parents, other disadvantaged groups, etc are now fully organised on a national representative basis – and it is towards these organisations that we should look for the nomination and selection of members to Seanad Éireann. The Social Partnership approach as adopted in the 1990s is a good example of the benefits to be gained from collective consultation. In particular, the inclusion of representatives of the unemployed, the underprivileged and the voluntary sector are major contributors to national and social cohesion. The principles underpinning the process of Social Partnership ought to be suitably adapted for the election of Senators in the future. The Universities The original logic underpinning the involvement of universities has much to recommend it. However, the system of university representation, i.e. NUI (3) and University of Dublin (3) has been overtaken by events. There are now more third level students attending nonuniversity institutes than are attending the traditional universities. A binary system is not desirable. All graduates of NUI, Dublin University, NCEA/HETAC, etc must be treated equally. Candidates for election could be nominated by the Governing Body of at least one public third level institution, and seconded by at least one other – so as to get away from the notion that any one Senator is the “representative” of any one College. In any event, elections should be held on a national basis amongst all registered graduates. The Taoiseach’s Eleven In the best interest of national governance, the Government of the day must have a substantial say in the Seanad. The principle of the Taoiseach’s Eleven has many merits to it, particularly in redressing the imbalance or shortcomings in the prior electoral process. It also affords an opportunity to include suitable candidates who can help to bridge political, religious and ethnic divides throughout the island of Ireland. Northern Ireland and Emigrants Representation on the basis of election as distinct from nomination by a Taoiseach would be very complex and difficult to manage. Perhaps the aspiration to have representation from Northern Ireland and to have emigrants represented could most readily be effected by explicit provision for such representation in the Taoiseach’s nominations. The Royal College of Surgeons in Ireland is pleased to have been consulted on this important matter and we trust that our observations will be of assistance to those who must consider, advise and decide on such issues. 49 50 1.27 (27) Teachers’ Union of Ireland Copy of Seanad Electoral (Higher Education) Bill, 1997 submitted with submission. I write to you concerning the above matter, specifically “University representation either in its current or in an amended form”. We in the Teachers’ Union of Ireland feel very strongly that the so-called “University Representation” should be changed. At present, 6 of the 60 Senators are elected by 2 Third Level Institutions, the National University of Ireland and Trinity College Dublin. This position emanates from the 1937 Constitution, Article 18, Section (i) and (ii). Whereas this provision may have had some validity in 1937 when there were only 2 Third Level Institutions in the State, it has no validity in the present day. This position was recognised by the people in that a Referendum passed the 7th Amendment to the Constitution in 1979, which allowed the State to extend the provisions for the election of members of Seanad Éireann by certain universities to other institutions of higher education in the State. Despite this amendment to the Constitution having been passed, no amending legislation was introduced to give effect to the Constitutional amendment. We are aware that a Private Members’ Bill was sponsored by the Labour Party in 1997 to allow for the extension of the franchise for Senate elections to Universities other than the N.U.I. and T.C.D. I enclose a copy of this Bill, which was not processed to conclusion in 1997 due to a lack of Private Members’ time. In essence, we are seeking that the franchise in Seanad elections be extended to other Institutions of Higher Education.