Venice Commission - Report on Bicameralism

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Ireland

1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?

Ireland has a long history of bicameralism which has largely been influenced by Westminster. Each of the constitutional frameworks drafted for Ireland in the twentieth century included a bicameral parliament, which in the Irish system is known as the “Oireachtas”. The name Seanad Éireann was first used as the title of the upper house of the Oireachtas of the Irish Free State in 1922. The Seanad was controversially abolished in May 1936 following a bill introduced by the Fianna Fáil government of Éamon de Valera, which was frustrated by the Seanad’s repeated use of its power to delay (though not veto) legislation. The modern Seanad Éireann was established by the Constitution of Ireland in 1937, ending Ireland’s brief period of unicameralism. This new Seanad was considered to be the direct successor of the Free State Seanad and so the first Seanad convened under the new constitution was referred to as the "Second Seanad".
There has been much public debate surrounding the Seanad in the last hundred years. Since 1928, twelve separate official reports have been published on reform of the Seanad. In 2009 debate moved from reform of the Seanad to plan for its abolition and a shift to a unicameral system when Enda Kenny, leader of opposition party Fine Gael stated that a Fine Gael government would seek to abolish the Seanad. By the time of Ireland’s 2011 general election the majority of Ireland’s major political parties advocated Seanad abolition in their manifestos.
In 2013 a referendum was called on whether or not to abolish the Seanad. The proposal to abolish the Seanad was defeated, with 51.7% voting against abolition.
One argument put forward by abolitionists related to the cost of the Seanad. It was claimed that abolishing the Seanad would save the taxpayer approximately €20 million a year. However, these claims were hotly contested and even the politically neutral Houses of the Oireachtas Commission struggled to determine a sum that a switch to unicameralism would save. It was also argued that the Seanad was little more than a powerless rubber-stamp. The populist argument that abolition would lead to fewer politicians was also put forward.
Anti-Abolitionists argued that the Irish political system was already heavily centralized. While it was largely agreed that the Seanad had not been a particularly effective watchdog, the removal of a second chamber would nevertheless grant too much control to the government (and the remaining single chamber – which in effect is dominated by the government). It was also argued that the then recent Irish financial crisis showed the need for increased governance and scrutiny of government.

2.What is the population of the country? What is its size?

According to the most recent estimates from the Central Statistics Office (CSO) of Ireland, as of April 2021, the population of Ireland is approximately 4.98 million people. Ireland covers about 70,273 square kilometers (27,133 square miles).

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

Ireland is a unitary parliamentary democracy with a President as its head of state. The President is elected by the people for a term of seven years and performs ceremonial duties such as signing legislation into law and representing Ireland abroad.
The Irish Parliament, known as the Oireachtas, consists of the President and two Houses: Dáil Éireann (House of Representatives) and Seanad Éireann (the Senate). There are specific, separate constitutional provisions pertaining to each of these. The powers, duties and roles of each are clearly laid out in the Constitution as follows:
1. The President – Articles 12-14.
2. Dáil Éireann – Articles 16-17.
3. Seanad Éireann -Articles 18-19.
The sole and exclusive power of making laws is vested in the Oireachtas, as per Article 15.2.1 of the Constitution.
The Constitution confers primacy on Dáil Éireann as the directly elected House in the passage of legislation. Dáil Éireann is also the House from which the Government is formed and to which it is responsible, as per Article 28.4.1. https://web.archive.org/web/20131004131131/http://referendum2013.ie/.

4.How many members are in the lower house?

Dáil Éireann is made up of 160 members elected directly by the people of Ireland.

5.How many members has the second chamber?

Seanad Éireann is made up of 60 members.

6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?

Members of Seanad Éireann, the upper house of the Irish parliament, are selected through a combination of appointed and elected processes.
There are 60 members of the Seanad, with 43 elected by various panels and 6 elected by graduates of certain universities. The remaining 11 members are appointed by the Taoiseach (Prime Minister) of Ireland.
The 43 elected members of the Seanad elected from five special panels of nominees (known as vocational panels) are chosen by an electorate consisting of TDs (members of Dáil Éireann), outgoing senators and members of city and county councils. Nomination is restrictive for the panel seats with only Oireachtas members and designated nominating bodies entitled to nominate. Each of the five panels consists, in theory, of individuals possessing special knowledge of, or experience in, one of five specific fields. In practice the nominees are party members, often, though not always, failed or aspiring Dáil candidates. At present the panel-elected members of the Seanad are divided as follows:
o Seven seats on the Administrative Panel: Public administration and social services (including the voluntary sector).
o Eleven seats on the Agricultural Panel: Agriculture and the fisheries.
o Five seats on the Cultural and Educational Panel: Education, the arts, the Irish language and Irish culture and literature.
o Nine seats on the Industrial and Commercial Panel: Industry and commerce (including engineering and architecture).
o Eleven seats on the Labour Panel: Labour (organised or otherwise).
Candidates must be nominated by a certain number of individuals or organizations within their panel's electorate in order to appear on the ballot. The voting is conducted by secret postal ballot under a proportional representation system.
The six university seats have traditionally been elected by graduates of a small number of universities listed in the Constitution. This is however due to change following the recent Irish Supreme Court case of Heneghan -v- Minister for Housing, Planning & Local Government & ors [2023] IESC 7, in which the Supreme Court found that a 1979 Constitutional amendment mandated the Oireachtas to legislate to also include the electorates of other insitutions of higher education. Finally, the Taoiseach appoints 11 members of the Seanad, with the goal of ensuring that there is a diverse range of expertise and viewpoints represented in the house. These appointments are made after a general election and can include individuals who were not elected to the Dáil or the Seanad.

7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?

Membership of Seanad Éireann is open to all Irish citizens over the age of 21. This coincides with the age limit for Dáil Éireann. The requirements for election to the Seanad are the same as that of Dail.

8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?

At the present moment there is no requirement to achieve gender parity in either House of the Oireachtas. In 2012 however, the Oireachtas adopted a law encouraging political parties to select at least 30% women candidates and 30% men candidates to contest general elections to the Dáil. This threshold rises to 40% from 2023 onwards. If the quota is not met, political parties will lose 50% of the State funding they receive on an annual basis to run their operations.

9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.

The term of office for a member of the Seanad is not more than five years. The terms of office of both members of the Dáil and the Seanad are linked through Article 18.8 of the Constitution of Ireland which mandates the holding of a general election for the Seanad not less than 90 days after a dissolution of the Dáil. Article 18.9 of the Constitution then states that, “Every member of Seanad Éireann shall, unless he previously dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for Seanad Éireann next held after his election or nomination.”

10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?

In theory, Seanad Éireann does not recognise political party membership, this is reflected by the fact that political party names do not appear on ballot papers in Seanad elections. In practice, however, the make-up of the Seanad generally reflects the strength of the parties of Dáil Éireann. This is due to the fact that the people who elect the Seanad members are made up of Members of the incoming Dáil, the outgoing Seanad, and County and City Councils. In practice, the Seanad also has an in-built government majority due to the 11 nominations that come from the Taoiseach.

11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?

There is no difference in the legal status of members of the Dáil and the Seanad in Ireland. Members of both houses entitled to certain privileges and immunities, such as freedom of speech in their particular House, and they are also protected from arrest while attending or travelling to and from House business. These immunities are set out in Article 13 of the Constitution.

12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?

Article 15.10 of the Constitution allows each House of the Oireachtas to make its own rules, and these are known as Standing Orders. The chair (or presiding officer) of the Seanad is known by the Irish term “Cathaoirleach”. The Standing Orders of the Seanad are enforced by the Cathaoirleach and the Cathaoirleach is the sole judge of order. Among the many detailed rules contained in Standing Orders are the days and times on which meetings may take place, the quorum necessary to constitute a meeting, the length of time for which the doors of the Chamber must be locked during a division and the procedure for dealing with disorderly conduct by a Member.

13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber). a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?

Ireland’s bicameralism is asymmetrical in nature. The Seanad is intended to play an advisory and revising role rather than to be the equal of the popularly elected Dáil. While notionally every Act of the Irish Parliament must receive the assent of both chambers, the Seanad can only delay rather than veto decisions of the Dáil. a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one.
As stated, the Seanad does not have a veto on decisions taken by the Dáil. If a bill approved by Dáil Éireann has not received the assent of the Seanad within 90 days, then the Dáil may, within a further 180 days, resolve that the measure is "deemed" to have been approved by the Seanad. Due to the usual congruence between the political makeup of the Dáil and the Seanad this has only occurred twice since 1937. The ability to delay bills for three months does not apply to Money Bills (those solely relating to taxation or government spending), which are deemed to have been approved by the Seanad after 21 days.
b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority?
The appointment of the Cathaoirleach (Chair of the Seanad) must be done solely by the Seanad itself. This appointment is done by a simple majority.
c) What kind of parliamentary initiative can the first and second chamber exercise?
Members of the Dáil can bring forward Bills to be examined and debated. Seanad members can also initiate Bills but may not initiate Money Bills or Bills to amend the Constitution.
d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism): how many readings before the final decision? Does a mixed commission meet?
As outlined above, if the Seanad disagrees with a decision made by the Dáil, they can vote to delay it for up to three months but cannot prevent it from coming into force.
e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first?
This is dependant on where the Bill was initiated. Bills initiated by a member of the Seanad are examined first in the Seanad, and Bills initiated by a member of the Dáil are examined first in the Dáil.
f) Is the government responsible to the second chamber (when it is before the first one)?
No, the Government is not responsible to the Seanad.

Article 28.4.1 of the Constitution states that, “The Government shall be responsible to Dáil Éireann.”. No such similar provision relates to the Seanad.
g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones?
Decisions are not taken by joint meetings of both chambers. Joint meetings of the Dáil and Seanad are usually reserved for addresses by foreign dignitaries.
h) Does the second chamber have a specific role in emergency situations?
There is no specific role of the Seanad in emergency situations.

14.Is there a form of intergovernmental conference of regions in your country (conference of ministers or presidents of regions, Landers, states members of the federations)? Does it interact with the second chamber? How often does it meet? What is its specific relevance?

No.

15.Please provide any other relevant observation on the bicameral system of the country.

No.