LAST UPDATE | 31 Mar 2023

THE SUPREME COURT has found that university electoral panels for Seanad Eireann are unconstitutional.

However no action is to be taken for the moment, according to the ruling, until 31 July in order to allow the court to hear submissions on what will happen next.

Six members of Seanad Eireann are elected by graduates from specified universities in Ireland. 

The Universities permitted to vote in the election are Trinity College Dublin and the universities of University College Dublin, University College Cork, National University of Ireland Galway and Maynooth University. 

A case had been taken by Tomás Heneghan, a graduate of University of Limerick, that the limiting of access to these panels and the laws governing the election to the Upper House were unconstitutional. 

That case made its way to the Supreme Court where this morning the seven judges delivered their judgment. 

The Supreme Court ruled that the Oireachtas has failed in its obligation to expand the ability of voters from outside of certain universities to vote in elections. One judge, Mr Justice Charlton dissented.

The judgement directed that this was unconstitutional but suspended the execution of the order until 31 July next to allow parties with an interest in the case to make submissions before the court. 

This means that no action, such as suspension of the Seanad, will take place until that hearing and judgment is delivered. 

The legal issue at the core of the case was centred around the failure by successive Governments to bring legislation to the Oireachtas to make law the results of a referendum in 1979.

This referendum, the seventh amendment to the constitution, was passed and means that all educational establishments be included in the elections – this was never enacted into law. 

Counsel for the Government had told the Supreme Court that there was no need to change the law because it was only an amendment that allowed the Government to change the electorate if they believed it was necessary. 

The Supreme Court judgment found that was not acceptable. 

Tomás Heneghan, who took the case, speaking in a statement issued through the Free Legal Advice Centres (FLAC) called for all to be granted the right to vote in Seanad elections.

Heneghan took the case when he was not permitted to vote because he had attended UL.

“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, Sinead 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,” he said.

FLAC Managing Solicitor Sinead Lucey, who had helped Heneghan with his case, said the judgment was of huge significance to the democratic rights of the people of Ireland.  

“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,” she said.

Senator Malcolm Byrne also welcomed the judgment and said that he had a Bill, due for debate in April, which could solve the problem for the State. 

His proposed new legislation would extend the right to vote to graduates of other higher education institutions.

“The government has indicated that it supports my bill in principle.

“It is now a matter of urgency that action is taken in advance of the next Seanad elections and that the will of the people 44 years ago is given effect. This will be a significant measure in reforming the Seanad franchise,” he said. 

This is a breaking news story and will be updated.