THE SUPREME COURT has given the government until 31 May 2025 to legislate on the expansion of the Seanad electorate.
The ruling gives the Oireachtas less than two years to reform franchisement that until now has only included Trinity College Dublin and National Universities of Ireland.
In his judgment, the Chief Justice decided that this “rare” course of action was required to uphold the rule of law and prevent a constitutional crisis, as a validly constituted Seanad is needed to pass legislation.
However, he emphasised that the Court is concerned with “limiting the period of permitted operation of the invalid law so far as is possible”. He accepted that “a single, relatively lengthy, period of suspension is sufficient” and rejected the State’s request for an extension until July 2027.
This is the second judgment in Heneghan v. the Minister for Housing, Planning and Local Government, the first of which held that sections 6 and 7 of the Seanad Electoral (University Members) Act, 1937 breach the constitution.
Article 18.4.2°, inserted following a referendum in 1979, provided for the expanded franchise. However, the Oireachtas did not enact legislation giving effect to this, with the result that Seanad elections continued to be governed by the 1937 Act, with the same limited electorate.
The Supreme Court ruled that the State was and continues to be in breach of its duty.
The case had been taken by Tomás Heneghan, a graduate of University of Limerick, who argued that the current Seanad electoral system is unconstitutional.
Speaking on the ruling today, Heneghan said: “For forty-four years, eighteen Irish governments have failed or refused to enact the necessary law to provide for the expansion of the Seanad franchise in line with the decision of the electorate in 1979.
“The key question for the current government is: Do you believe in democracy – one person, one vote – and do you believe a specific university degree should entitle someone to more of a say in our democracy?
“In a world where we see democratic structures and engagement being shut down more and more every year, we have to say in Ireland that democracy matters, and we have to mean it in more than just our words, but in our actions too.”
The Free Legal Advice Centre, who represented Heneghan, welcomed the judgement, with Sinéad Lucey, FLAC Managing Solicitor, saying: “The deadline set by the Court aligns with the date by which the next Seanad election must be held – with the intention that the necessary reforms to voting laws are enacted before that election takes place.
“It also ensures that any Seanad elections after May 2025 must involve an expanded franchise for the University Panel.
“The Chief Justice’s decision is another significant judgment to emerge from these proceedings and provides an authoritative statement on the Court’s power to make suspended declarations including when and how it may do so.”
FLAC Chief Executive, Eilis Barry congratulated Heneghan on his “courage, fortitude and persistence in taking this landmark case for democracy, equality and the rule of law”.
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