The Supreme Court has found that the legislation governing the election of senators to the Seanad university panels is unconstitutional and the Oireachtas must legislate to allow graduates of third-level institutions other than the National University of Ireland and Trinity College Dublin to vote.
The court noted that Article 18.4.2 of the Constitution, brought in after a referendum in 1979, mandated the Oireachtas to enact legislation to include the electorates of other institutions of higher education as well as NUI or TCD. However, the court noted that such legislation was never enacted, meaning graduates of institutions other than TCD and NUI have no entitlement to vote for candidates on the university panel. Therefore, in the judgment handed down on Friday, Mr Justice Gerard Hogan agreed that there was a constitutional obligation on the Oireachtas to extend the franchise as a result of the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Act 1979.
The Supreme Court has suspended making its declaration that the current law is unconstitutional until 31 July next meaning its decision will not affect any election or by-election held in the meantime. The declaration of unconstitutionality has been suspended until this date in July when the parties will have the opportunity to make submissions on how the judgment should be implemented.
The challenge was brought by Mr Tomás Heneghan who was represented by FLAC and is a graduate of the University of Limerick. He had therefore not been afforded a vote under the Seanad Electoral (Universities Members) Act 1937.
FLAC Chief Executive, Eilis Barry congratulated Mr Heneghan, “who initially took the case as a lay litigant, on his courage, fortitude and persistence in taking this landmark case for democracy, equality and the rule of law”.
FLAC Managing Solicitor Sinéad Lucey commented:
“This judgment is significant in terms of the importance of the expression of the will of the people in a constitutional referendum and confirming that the Oireachtas cannot ignore the outcome of a referendum. The significance of the case goes beyond the issue of votes in the Seanad as a profound reflection on a democratic nature of the State.”
Tomás Heneghan, commented:
“I’m thankful to the Court for their sincere consideration of the arguments put forward. My legal team have also been extraordinary in their work and support over the past three years, particularly FLAC, Sinéad Lucey, Rosario Boyle SC, James Kane and Emma Sinnott. I hope the Oireachtas now acts speedily to ensure that the democratic right to vote in Seanad elections is extended to all, regardless of educational or socio-economic background.”