Voters chose by a narrow margin in a referendum in 2013 to retain rather than to abolish the Seanad. They did so without great enthusiasm, as reflected in the 39 per cent turnout. Counting will begin today in the elections to an unreformed Upper House of the Oireachtas. Last year proposals for Seanad reform were made by a working group chaired by Maurice Manning, a former leader of Seanad Éireann. Over the decades, 11 such reports have been published; each has gathered dust. However, that could change if a new programme for government provided for the recommendations in the latest report to be implemented at the next Seanad election.
The defects of the Seanad as an effective second chamber in a modern representative democracy have long been obvious. The Seanad is seen as elitist and undemocratic, and lacking public legitimacy with a voting system that disenfranchises a majority of citizens.
Senators are elected on a restricted franchise: 43 of the 60 Seanad seats are decided by an electorate made up of 949 councillors, 158 TDs, and 53 current Senators – excluding seven recently elected to the Dáil. A further 11 members are nominated by the Taoiseach but are not elected. And the six university seats are contested solely by graduates of two third level institutions, the National University of Ireland and Trinity College, and not by the votes of all third level graduates in the State. In 1979, voters decided in a referendum to change the Constitution to allow all third level graduates voting rights in an expanded university franchise. Almost 40 years later, the Oireachtas has yet to make the necessary legislative change.
The latest Seanad reform proposals favour doing so and giving “all graduates of universities or other institutions of higher education in the State” a vote for the existing six university seats. The working group also recommends reducing the number of senators that councillors elect from 43 to 13, and allowing all citizens of the State and of Northern Ireland and Irish passport holders worldwide to elect 30 senators. These and other far reaching changes would go some way to reducing the Seanad’s democratic deficit, retaining the concept of vocational representation, but also ensuring that the Upper House better reflects the diverse nature of contemporary society.
The small Seanad electorate, largely consisting of elected representatives with party allegiances, makes the election outcome easier to forecast. Fianna Fáil seems certain to increase its representation as will Sinn Féin. Fine Gael and Labour's will fall. Fine Gael's weakness in the second chamber will add to its difficulties in leading a minority government. It will also influence the Taoiseach in choosing his 11 nominees – and limit scope for innovation – as he seeks voting support in a scenario where Fine Gael and Fianna Fáil combined may not have a majority in the upper house.