LANDMARK SUPREME COURT JUDGMENT: Laws limiting electorate for Seanad University Panels are unconstitutional; Oireachtas must legislate to expand franchise

31 March 2023

FLAC PRESS RELEASE

31 March 2023

LANDMARK SUPREME COURT JUDGMENT: Laws limiting electorate for Seanad University Panels are unconstitutional; Oireachtas must legislate to expand franchise

The Supreme Court today upheld a challenge brought by Mr Tomás Heneghan to the constitutionality of the laws governing elections for Seanad University Panels.
Mr Heneghan, who was represented by FLAC, is a graduate of the University of Limerick and was not afforded a vote under the Seanad Electoral (Universities Members) Act 1937.

The Supreme Court has today held that the Oireachtas must perform its “constitutional obligation” to expand the franchise for elections to the Seanad University Panels.

In a historic judgment, the Supreme Court this morning held that the seventh amendment of the Irish constitution “mandates” the Oireachtas to introduce legislation to expand the franchise for the election of the six members of the Seanad University Panel in accordance with Article 18.4.1 of the Constitution. The declaration of unconstitutionality is suspended until 31 July 2023 when the parties will have the opportunity to make submissions on how the judgment should be implemented. As a result, the decision will have no legal effect on any election or by-election in the meantime.

FLAC Chief Executive, Eilis Barry congratulated Mr Heneghan “who initially took the case as a lay litigant, on his courage, fortitude and persistence in taking this landmark case for democracy, equality and the rule of law”.

FLAC Managing Solicitor Sinéad Lucey commented:

“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.”

Tomás Heneghan, commented:

“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, Sinéad 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.”

ENDS/

Notes to Editors:

FLAC (Free Legal Advice Centres) is an independent human rights and equality organisation, which exists to promote equal access to justice. As an Independent Law Centre, FLAC takes on a number of cases in the public interest each year and operates a Traveller Legal Service, Roma Legal Clinic and LGBTQI Legal Service. FLAC also operates a legal information and referral telephone line and a nationwide network of legal advice clinics where volunteer lawyers provide basic free legal advice.

The judgments of the Supreme Court in Heneghan v Minister for Housing, Planning and Local Government & Ors will be available in due course on courts.ie.