Higher Education (Seanad constituency)

The Higher Education constituency is scheduled to elect 6 senators to Seanad Éireann, in place of the three from Dublin University constituency and three from the National University constituency, at the first Seanad general election held after 31 March 2025.

Higher Education
Seanad constituency
Future constituency
Seats6
Created from

Background

edit

From 1937, the Constitution of Ireland provided that of the 60 members of Seanad Éireann, three were to be elected by the National University of Ireland and three were to be elected by Dublin University. This was regulated by the Seanad Electoral (University Members) Act 1937. In 1979, the Seventh Amendment of the Constitution was approved, permitting the enfranchisement of any other institutions of higher education in the State, in substitution for the number provided. No amendment was made to the legislation to enfranchise any other institution.

In 2020, Tomás Heneghan, a graduate of the University of Limerick, challenged his exclusion from the Seanad franchise. In November 2021, the High Court dismissed his claim.[1] On appeal, in March 2023, the Supreme Court found that the limitation of the franchise in sections 6 and 7 of 1937 Act was unconstitutional. In a separate judgment in July 2023, it suspended the declaration of invalidity to 31 May 2025.[2]

Under the Seanad Electoral (University Members) (Amendment) Act 2024, at any Seanad general election held after 31 March 2025, a new constituency named Higher Education will elect six senators.[3][4]

Franchise

edit

A person shall be entitled to be registered as an elector in the register of electors if he or she:[5] (a) has been awarded a degree by, or obtained a degree from, an institution that is a designated institution, or an institution that has been dissolved and the functions of which have been transferred to an institution that is a designated institution, (b) is a citizen of Ireland, and (c) has attained the age of eighteen years.

References

edit
  1. ^ Heneghan v. Minister for Housing, Planning and Local Government [2021] IEHC 716
  2. ^ Heneghan v. Minister for Housing, Planning and Local Government [2023] IESC 18
  3. ^ Seanad Electoral (University Members) (Amendment) Act 2024, s. 6: Constituency and electors (No. 40 of 2024, s. 6). Enacted on 29 October 2024. Act of the Oireachtas. Retrieved from Irish Statute Book.
  4. ^ "Government approve legislation to extend electorate for Seanad University seats". Government of Ireland (Press release). Department of Housing, Local Government and Heritage. 10 September 2024.
  5. ^ Seanad Electoral (University Members) (Amendment) Act 2024, s. 7: Franchise (No. 40 of 2024, s. 7). Enacted on 29 October 2024. Act of the Oireachtas. Retrieved from Irish Statute Book.