Senator Higgins welcomes Supreme Court ruling on seventh amendment and urges Government to enact Seanad Bill 2020

NUI Senator Alice-Mary Higgins has today welcomed the Supreme Court ruling on the need to legislate for the seventh amendment to the Constitution and is urging the Government to enact the Seanad Bill 2020 introduced by Senator Higgins and Senator Michael McDowell.

Speaking after today’s ruling, Senator Higgins commended Tomas Heneghan for taking the case and said: “Today’s ruling underscores the urgent need for Seanad reform. That reform must be ambitious and comprehensive. The failure to legislate for the 1979 referendum reflects a wider history of evasion and delays around meaningful Seanad reform by successive governments over many decades.

“This ruling confirms that action must be taken. However, a minimalist approach to legislating on this issue would not be true to the spirit of either the 1979 referendum or 2013 referendum – in which the public clearly called for reform.”

“The Seanad Bill 2020 represents a practical legislative blueprint which would ensure that every citizen has the right to vote in Seanad elections – while also legislating for the 1979 referendum. For too long, the majority of the public have had no say in electing the Seanad and this urgently needs to change.”

“The Seanad Bill 2020 was collectively drafted by the cross-party Seanad Reform Implementation Group which was established in May 2018 and published its report in December 2018. Unfortunately, the Government has failed to deliver on the recommendations of this report and also failed to deliver on promises to address this issue as part of the recent legislation establishing a new Electoral Commission.”

Senator Higgins highlighted at the time that “the absence of any reference to Seanad reform or the Seanad franchise is a glaring omission from the mandate of the Electoral Commission.”

For that reason, earlier this week, Senator Higgins and her colleagues in the Civil Engagement Group, introduced the Electoral Reform (Amendment) and Miscellaneous Provisions Bill 2023 which would require the Electoral Commission to review the franchise and electoral system for the Seanad.

“When the 2013 referendum campaign was underway, those of us in favour of retaining the Seanad urged that we should open it, not close it and the way to do that was through broadening the franchise to every citizen.”

“When I spoke at the commemorative sitting for Seanad 100, I highlighted that too many people do not even have the opportunity to cast a vote in the election of this House, despite referendums where the citizens of Ireland made it clear they value the Seanad, and they want a say in it. Opening the franchise to all and passing the Seanad Bill 2020 is the essential test as we turn from the past towards the future of the Seanad.”

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Government needs to act on concerns on Higher Education Authority Bill

The Higher Education Authority Bill will have a major impact on staff, students & society. I proposed over 100 amendments. Following strong criticism of use of guillotine at Committee stage, Report stage has been adjourned, meaning there is still chance to improve crucial aspects of Bill.

One of the key issues I raised was the importance of trade union representation from both professional & academic staff on governance boards as well as proper national strategies to challenge the serious problem of precarious low paid work within academia.

The proposed definition of student union in the Bill is not fit for purpose & based around recognition from Minister or governing authority rather then electoral mandate from students. Students union representatives from right across country have made it clear this needs to be fixed!

The Bill will give huge amount of power & discretion to Minister, including requirement for higher education institutions to comply with future policy docs of Government. Bill must be amended to ensure appropriate independence, transparency & autonomy for both HEA & individual institutions.

Another core aspect we sought to address was embedding equality, equity, access and participation into the legislation and creating legal requirements that both HEA & individual institutions policies are furthering & empowering access to & equity in our higher education system.

The Bill continues the practice of focusing entirely on private research & not looking to public/blue skies research or public-public partnerships for research. To address issues like climate, inequality and sustainable development we need a robust public research system

The references to sustainability & environment in the Bill are woefully outdated & inadequate, coming from a 1987 pre-Rio definition of “environmental development”. I sought to include the definition based on the SDGs with acknowledgement of historical responsibility & climate justice.

Following pressure from Senators, the debate has adjourned till September & there is time for Minister Harris to work constructively with us as legislators & with stakeholders to address these & other issues. The HEA Bill will underpin higher education for years to come, we need to get it right!