Supreme Court sets May 2025 deadline for expansion of electorate in Seanad University Panel elections

Sinéad Lucey

In his judgment, the Chief Justice decided that this “rare” course of action was required to uphold the rule of law and prevent a constitutional crisis because a validly constituted Seanad is needed to pass legislation.

However, he emphasised that the court is concerned with “limiting the period of permitted operation of the invalid law so far as is possible”. He accepted “the submission of the appellant [Mr Heneghan], that a single, relatively lengthy, period of suspension is sufficient” and rejected the State’s request for an extension until July 2027.

Sinéad Lucey, FLAC managing solicitor, commented: “The deadline set by the court aligns with the date by which the next Seanad election must be held – with the intention that the necessary reforms to voting laws are enacted before that election takes place. It also ensures that any Seanad elections after May 2025 must involve an expanded franchise for the University Panel.

“The Chief Justice’s decision is another significant judgment to emerge from these proceedings and provides an authoritative statement on the Court’s power to make suspended declarations including when and how it may do so.”

FLAC chief executive Eilis Barry congratulated Tomás 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”.

Mr Heneghan said: “For forty-four years, eighteen Irish governments have failed or refused to enact the necessary law to provide for the expansion of the Seanad franchise in line with the decision of the electorate in 1979.

“In a world where we see democratic structures and engagement being shut down more and more every year, we have to say in Ireland that democracy matters, and we have to mean it in more than just our words, but in our actions too.

“I’m thankful to the Court for their sincere consideration of the arguments put forward. This victory for democracy and the rule of law would simply not have been possible without the trojan work and faith of FLAC and its staff, Sinéad Lucey, Rosario Boyle SC, James Kane, Emma Sinnott and Davy Lawlor.”