Seanad Éireann - a retirement home for politicians on the way out, a nursery for aspiring TDs, a powerless talking shop with an inbuilt Government majority, an undemocratically elected chamber, and the most pointless entity in Irish politics - the Upper House of the Oireachtas is all of these.
Let us explore this a bit further, firstly the charge that it is an undemocratically elected, and thereby unrepresentative political body.
Seanad Éireann is made up of 60 senators. Of these 43 are elected by TDs, sitting senators, and councillors only. Three are elected by Trinity College graduates and another three by NUI graduates. The remaining 11 are appointed by the Taoiseach, providing the government of the day with a permanent majority.
Thus if you are not part of the political establishment or you have not been to the right third level institution (you may have gone to an RTC or university abroad ) you are not entitled to vote.
This is sickeningly elitist and makes no sense as connections to political parties and having a university degree are not required for eligibility to vote in general elections. As such there is no valid reason to withhold the right to vote from the rest of the population. It is discriminatory and is a damning argument against the Seanad.
The other major argument against the Seanad is the fact that it is a powerless body. The Upper House can only delay the introduction of legislation for 90 days, it does not have the power to veto it.
Furthermore if a bill approved by the Dáil does not receive the assent of the Seanad within 90 days, the Dáil can, after a further 180 days, resolve that the measure is ‘deemed’ to have been approved by the Seanad.
In plain English this means the Dáil can ignore the Seanad’s decision and press on as if it does not exist, all it has to do is wait it out. What then is the point of the Seanad?
However the Government can always get its measures through and see to it that the opposition motions are defeated, as it has an inbuilt majority with the Taoiseach’s 11 appointments - among whom are always defeated general election candidates (ie, people rejected by the electorate ).
It only serves to highlight the pointlessness, impotency, and undemocratic nature of the Seanad. It is intolerable that the Upper House remain like this, so what is to be done?
Galwegians seek reform
Seanad reform has come onto the agenda in recent times, especially after An Taoiseach Enda Kenny, when in Opposition, called for it’s abolition. FG sources say the proposal to abolish the Upper House is coming and many in Irish politics feel its days are numbered.
Insider will not be sorry to see the Seanad go. In its current form it serves no useful purpose, but could there still be an argument for saving it? Yes, there could but ONLY, and I stress ONLY, if it is completely reformed, transformed, and reconstituted.
Unless there is a ruthless root and branch reform, we will be left with the self-indulgent and unrepresentative talking shop we currently have and abolition will remain the only option.
Two Galway candidates in the current Seanad elections - Sen Ronan Mullen and NUI, Galway law lecturer Donncha O’Connell - have proposed some excellent and worthwhile ideas on Seanad reform, which are worth considering with a view to implementation.
Neither man wants to see the Seanad abolished (obviously ). Mr O’Connell has warned that if the Government abolish the Upper House it would allow them to look as if it has engaged in serious political reform, but in reality has provided a smokescreen and diversion to allow the Dáil get away without having to reform itself.
This is a worthwhile point. The people of this State voted in this Government to sort out the national finances, tackle unemployment/emigration, and reform and transform a political system which has failed us and which played a major role in the economic implosion.
Reforming/abolishing the Seanad is not enough, the Dáil and all levels of Irish politics must be reformed as well. Anything less is a betrayal of what the people voted for.
It is a point echoed by Sen Mullen this week: “It’s not acceptable to present one populist, simplistic solution, and to dress this up as political reform. People are likely to be suspicious of a single, final proposal coming from a committee. If the new Government believes in real political reform, it will also recognise the importance of consulting people.”
Sen Mullen feels the future of the Seanad should not be decided by a referendum demanding a simple ‘Yes or No’ answer, there must also be an option calling for reform. “The most democratic path is to provide citizens with a real alternative via a ‘preferendum’,” he said.
Sen Mullen has proposed that such a ‘preferendum’ should give voters the option to either (a ) abolish the Seanad, (b ) keep the Seanad as it is, or (c ) reform the Seanad according to a pre-drafted legislative framework, and that the ‘preferendum’ and its subsequent result would give “more legitimacy to whatever is eventually proposed”.
Proposals for reform
What should a pre-drafted legislative framework on Seanad reform include? Insider believes the Seanad must cease being elected only by politicians and university graduates. This is something which is also being proposed by Donncha O’Connell.
In last week’s Galway Advertiser Mr O’Connell said: “Election to the Seanad by vocational panels is elitist and undemocratic. I would favour a Seanad elected by universal suffrage - that is by all the people - within regional constituencies, different from Dáil constituencies.”
Allowing all Irish citizens (and British citizens who can vote in Dáil elections ) to vote for senators would make it a democratic institution and representative of the population. Importantly it would also make it accountable to the people. It is a reform that is long overdue and one necessary to implement if the Seanad wishes to stay in existence.
In January the Financial Times’ Mathew Engel described the Dáil as the world’s only gathering of inarticulate Irish people and he was absolutely correct. It is depressing to see our TDs read out, in monotonous, narcoleptic drones of voices, statements from pre-prepared scripts. It shows our TDs have an inability to debate, and worse, that they lack confidence.
An interesting feature about the Seanad is that it suffers no such inability. Its debates can often be more free, passionate, and engaging, and there is a debating and oratorical style entirely absent from the Dáil. This is a strength which can be put to good use - only, though, if the chamber is completely reformed.
And this leads Insider to make two proposals of his own.
The first is that the powers of the Seanad need to be increased. It needs to be given much stronger powers in relation to its ability to scrutinise legislation.
Right now the Dáil has the power to override the Seanad’s rejection of a Bill. If the Seanad is to have any meaningful function it must be allowed to properly amend and reject bills so that if it fails to get the assent of the Seanad it must go back to the Dáil for reconsideration.
This would mean the Seanad (provided it is elected by universal suffrage ) could be a properly scrutinising body, keeping a watchful eye on the Dáil on behalf of the people. Such powers would provide an effective bulwark on any Government with a large majority from abusing its power. It would also prevent any government from introducing legalisation that was poorly though out or simply in the short term interest.
Insiders’ second proposal concerns the Taoiseach’s appointments. The Taoiseach can appoint 11 members but none of those members can be from a Government party (in the interests of a free Seanad ) or be a failed election candidate. If the candidate was rejected by the people then s/he has no place in the Oireachtas. Let them try again in five years time like everyone else.
Neither can the Taoiseach’s nominees be cronies, allies, or even people from outside the governing parties who are there solely to be politically amenable to the government of the day.
Instead the 11 nominees should only be drawn from the arts, the voluntary sector, and the sporting sector, academia, perhaps from the unemployed, and maybe from small businesses - we’ve had big business having too much of a say over the last 20 years. We are long past the stage where token gestures to such groups are acceptable.
There could also be seats for representatives of the Travelling community, Ireland’s ethnic minorities (come on, even the Iranian parliament reserves seats for its Jewish and Zoroastrian populations ), and people with disabilities, for example.
In this way, the Seanad can become a chamber with real powers and by virtue of its voters and its senators, be a body that is properly and democratically representative.
Will any of the above happen? Insider won’t hold his breath but he will say this - only by electing to the Seanad people who have pledged to reform that House and everything about it, will there be a chance of it coming to pass. If you are one of the few that has a Seanad vote, keep this to the front of your mind before you mark your ballot paper.
