The Taoiseach & Tánaiste today (Wednesday) announced the Government’s proposals for the Referendum Bill on the abolition of the Seanad, as committed to in the Programme for Government.
An Taoiseach Enda Kenny TD said:
“This Government is delivering on the biggest reform of politics in the history of this State. The Cabinet today approved a bill to hold a referendum on the abolition of the Seanad in the autumn. If approved by the people, I am convinced that we can and will create a better, more effective political system with better accountability, better oversight and better scrutiny of legislation. It is my firm belief that we can have an Oireachtas that is more democratic, more effective and less expensive and it is time the Irish people were consulted and asked to render their verdict.”
An Tánaiste Eamon Gilmore TD said:
“Democracy is an ongoing project. Our institutions are only as good as the purpose they serve – and that purpose is a fair and effective democracy. The proposal to abolish the Seanad, and have a single chamber parliament, is part of that ongoing evolution. Ultimately, it is for the people to decide whether they want to have two institutions dealing with legislation and holding Government to account, or one. This Government is simply giving them that choice.”
As committed to in the Programme for Government, the Government today announced its proposals for the Referendum Bill on the abolition of the Seanad. Dail Reform proposals have also been published in tandem which will be introduced, if approved by the people, to maintain all necessary checks and balances and full public confidence. The referendum will be held in the autumn.
The Bill provides that, subject to a successful referendum, the Seanad will be abolished after the next general election and before the first sitting of that Dáil.
Articles dealing with the composition etc of the Seanad, and with relations between the two Houses as regards legislation, will be deleted.
Transitional arrangements will provide that any Bill not passed by both Houses before abolition day will be deemed to have lapsed: the Bill may, however, be introduced or re-introduced in Dáil Éireann.
The Bill also deals with all other references to the Seanad, both Houses of the Oireachtas etc in the Constitution. In many cases this involves simply removing the reference to the Seanad, or replacing the existing text with a reference to Dáil Éireann only.
In some cases, however, abolition of the Seanad will require amendment of existing Constitutional provisions to cater for the fact that assuming the referendum is carried, there will be only one House of the Oireachtas.
Accordingly,
A resolution to investigate a charge against the President and, after the investigation, a resolution to declare that the charge has been sustained and remove the President, must each be passed by not less than four-fifths of the total membership of Dáil Éireann. (At present, each resolution would require a two-thirds majority of the total membership of the House that was voting on it.)
Similarly, the majorities required to remove from office the Comptroller and Auditor General or a judge of the Supreme or High Court will be increased to two-thirds of the total membership of the Dáil. Provision is made for this arrangement to apply to a judge of the Court of Civil Appeal, if the proposed referendum to permit the establishment of such a Court is successful.
The Leas Cheann Comhairle of the Dáil will replace the Cathaoirleach of the Seanad on the Presidential Commission (which acts for the President in the event of his absence or incapacity) and the Council of State. Provision is made for the substitutes for the Ceann Comhairle and Leas Cheann Comhairle on the former body to be Dáil members selected by each new Dáil as soon as may be after the first assembly.
Article 22 will be amended to provide that the Ceann Comhairle’s certificate that a Bill is a Money Bill is final and conclusive unless the Dáil, by resolution, determines otherwise.
The number of members of the Oireachtas required to nominate a Presidential candidate will be reduced from 20 to 14. This will retain the current ratio between the overall number of Oireachtas members and the number of nominations required to secure a Presidential nomination following abolition of the Seanad and the proposed reduction in the number of TDs after the next General Election.
Dail Reforms
It will be necessary in the move to a unicameral system to ensure that the Oireachtas continues to operate effectively and efficiently and to fully scrutinise proposed law, while maintaining all necessary checks and balances and full public confidence.
In this context, it is proposed that following reforms will be advanced by the Government Chief Whip, in consultation with the Opposition and the Ceann Comhairle, as appropriate:
1. As a general rule, major non-emergency legislation will first be submitted to the relevant Dáil committee in Heads of Bill format.
2. To allow for extra consideration and scrutiny, each Bill will be referred back to the committee which considered it at Pre-Legislative and Committee Stages for a final examination after Report Stage and before the Bill is passed by the House. This new stage will be known as Pre-Enactment Stage. It will be provided for in Dáil Standing Orders.
3. It is proposed that a Minister will revert to the relevant select committee within 12 months of the enactment of a Bill, to discuss and review the functioning of the law and to allow for a debate from members and stakeholders as to whether the legislation is fulfilling its intended purpose.
4. As part of a strengthened committee system, there will be 14 Dáil committees: four strategic committees on issues of major strategic and political importance (including PAC, Finance and EU scrutiny); seven sectoral committees to shadow Government Departments; and three thematic committees which will focus on specific issue (petitions, Good Friday Agreement, members’ interests). It is envisaged that each committee will have twelve members and will invite external experts to provide specialist input to its work.
5. When enacted, the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill will enable Oireachtas committees to once again undertake parliamentary inquires into certain matters of major public importance. Since such inquires can involve unique and complex legal and policy issues a separate administrative system will ensure that they function smoothly. Once an inquiry is established, it will be undertaken by a sub-committee of the relevant select committee in order to ensure that the work of the select committee can continue uninterrupted.
6. A proposed new Dáil schedule will increase time spent on deliberating legislation.
7. The d’Hondt system will be introduced to distribute chairs of key committees on a proportional and equitable basis. This proposal, if agreed by the House, will go hand in hand with a revised Dáil schedule to allow committees to do as much work as possible when the House is not sitting.
8. A new ‘10 Minute Bills’ procedure will be introduced.