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THE HIGH COURT is to hear a petition for a full recount of the Seanad’s agricultural panel after a candidate lost out by 0.116 of a vote.
Labour councillor Angela Feeney lost out to Fine Gael’s Maria Byrne during the Seanad election on 1 February.
Feeney, a councillor on Kildare County Council, was granted a recount of the 23rd count, after which she was eliminated, but did not receive a full recount.
Feeney sought to bring a petition to the High Court last Friday, pursuant to section 54 of the Seanad Electoral (Panel Members) Act 1947, seeking a full recount of the election to the Agricultural Panel.
Under section 54 of the Seanad Electoral Act 1947, an unsuccessful candidate can request a full recount if they are given permission to do so by the High Court.
Court records show that the petition and an affidavit were filed with the court on Monday.
In a statement to The Journal, a spokesperson for Feeney noted that at the conclusion of the 23rd count, the margin of difference between Feeney and Byrne was .116 votes, “or roughly one-ninth of a ballot paper”.
“The distribution of Feeney’s votes concluded the count, and a request for a full recount to the returning officer at the Seanad Count was not granted,” said the spokesperson.
“The court has granted Cllr Feeney leave to proceed by way of petition, with other notice parties.”
There are 11 seats on the Seanad’s Agricultural Panel, which is made up of candidates who are said to have knowledge and experience of agriculture and fisheries.
The Seanad has 60 members, 49 of whom are elected while 11 are nominated by the Taoiseach.
Of the 49 elected members, 43 are elected from panels of candidates representing specific vocational interests, such as the agriculture panel.
Members of the incoming Dáil, the outgoing Seanad, and members of county councils and city councils can vote in an election of panel members.
The remaining six members are elected by university graduates of National University of Ireland (NUI) and University of Dublin (Trinity).
However, in future Seanad elections, the existing University of Dublin constituency and the NUI constituency will be replaced with a new six-seater ‘Higher Education’ panel.
This means graduates of an additional 15 institutions of higher education can now apply to be added to the register.
The full list of designated educational institutions for the new register can be found here.
The petition is due to be heard by a court on 27 February.
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Time for another Referendum
@David Murray: Absolutely . Why it wasn’t scrapped last referendum is a mystery . There is less tolerance for waste of money now and the Seanad is a waste of space . It would be toast in a new vote . It is an anachronism that was set up to ape the House of Lords in Britain at the beginning of our state .
@Alan Brennan: There’s no mystery. The ballot paper was written in such a way as to make it difficult to know how you were voting. Essentially yes meant no and no meant yes. Some people thought they were voting to get rid of it but the opposite was happening.
@Nigel Norris: then they are just th ick…educate yourself before voting.
@Nigel Norris: Completely untrue. It was straight yes or no. But you only have to look at the level of intelligence on here to see that was too difficult for some people
@Nigel Norris: that’s nonsense. The ballot paper said: “Do you approve of the proposal to amend the Constitution contained in the undermentioned bill?”
The bill was listed. “Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2023”
Below that you were invited to place a mark in one square.
The first square had “If you approve, mark X in this square” in front of it. Adjacent to this square was a square that said Yes. The second square had “If you do not approve, mark x in this square”. Adjacent to this square was a square that said No.
I do not know how one could be confused. “The bill is literally called “Thirty-second Amemdment of the Constitution (Abolition of Seanad Éireann) Bill 2023”. Yes was abolition and no was retention.
Probably the time is right to have a junior or super junior Seanad or maybe even both to facilitate those that just missed out getting on the gravy train first time round.
Genuine question: I presume it has something to do with PRSTV and transfers, but how exactly does a candidate get only a portion of a vote??
Could she not be the 33rd team sort of speak.
Some people especially the Labour party cry wolf at the Miss spending of public money and then they go and do this
If you haven’t been elected by the 23rd count, take it as a sign that no one wants you and get on with your life. It’s pathetic that these people are so entitled that they waste the courts time to try with ridiculous cases like this. You’re already a failed politician if you are attempting to get elected to the Seanad, your an abysmal failure if you haven’t managed it after 23 counts.
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