Seanad Electoral (University Members) (Amendment) Act 2024

PART 1 Preliminary and General

1. Short title, collective construction and collective citation

1. (1) This Act may be cited as the Seanad Electoral (University Members) (Amendment) Act 2024.

(2) This Act and the Seanad Electoral (University Members) Act 1937 (other than Part II of that Act) shall be read together as one and may be cited as the Seanad Electoral (Higher Education Members) Acts 1937 and 2024.

(3) This Act and the Seanad Electoral (University Members) Acts 1937 to 2015 may be cited together as the Seanad Electoral (Higher Education Members) Acts 1937 to 2024.

2. Commencement

2. (1) This Act, other than Part 1, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(2) An order under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made.

3. Definitions

3. In this Act—

“Act of 1937” means the Seanad Electoral (University Members) Act 1937;

“Advisory Committee” means the committee appointed by the Minister under section 24;

“central registration authority” shall be construed in accordance with section 8;

“chief registration officer” shall be construed in accordance with section 10;

“claimant” means a person who claims to be entitled to be registered as an elector in the Higher Education constituency;

“degree” means a degree (other than an honorary degree) which is at least at bachelor degree level;

“designated institution” means each of the following:

(a) the National University of Ireland;

(b) the University of Dublin;

(c) a “designated institution of higher education” within the meaning of the Higher Education Authority Act 2022;

“Higher Education constituency” has the meaning given to it by section 6;

“identifying particulars”, in relation to a person, means all or any of the following:

(a) the person’s name;

(b) the person’s former or other name or names, where applicable;

(c) the person’s date of birth;

(d) the person’s nationality;

(e) the address at which the person is normally resident;

(f) the address or addresses, where applicable, at which the person formerly resided;

(g) the person’s personal public service number, where applicable;

(h) the date of the person’s death, where applicable;

“interim period” means the period beginning on the 21st day of March 2025 and ending on the date of the first dissolution of the Dáil after that date;

“Minister” means the Minister for Housing, Local Government and Heritage;

“the National University of Ireland” means the university by that name in Dublin, constituted and founded by charter under the Irish Universities Act 1908;

“personal public service number” has the meaning given to it by section 262 of the Social Welfare Consolidation Act 2005;

“prescribed” means prescribed by regulations under this Act;

“qualifying particulars”, in relation to a person, means all or any of the following, where applicable:

(a) the person’s student number;

(b) the degree received by the person;

(c) the name of the institution that awarded the person a degree; and

(d) the year of the award of the person’s degree;

“register of electors” has the meaning given to it by section 9;

“relevant designated institution”, in relation to a person who claims to be entitled to be registered as an elector in the Higher Education constituency, means the designated institution referred to in section 7(a).

4. Regulations

4. The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

5. Expenses

5. All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Constituency, Franchise and Registration

6. Constituency and electors

6. (1) At every Seanad general election pursuant to an order under section 12 of the Act of 1937 made after the 21st day of March 2025 and at every Seanad bye-election pursuant to an order under section 42 of the Act of 1937—

(a) the designated institutions shall, together, be a constituency (in this Act referred to as the “Higher Education constituency”) for the election of six members of Seanad Éireann, and

(b) every person who is for the time being registered as an elector in the register of electors shall be entitled to vote in the Higher Education constituency.

(2) No person shall be entitled to vote at an election in the Higher Education constituency unless he or she is registered as an elector in the register of electors.

(3) No person shall be entitled to vote more than once in an election in the Higher Education constituency.

(4) Nothing in this section shall entitle any person to vote at an election in the Higher Education constituency while he or she is prohibited by law from so voting, nor shall anything in this section relieve any person from any penalties to which he or she may be liable for so voting.

7. Franchise

7. A person shall be entitled to be registered as an elector in the register of electors if he or she—

(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.

8. Central registration authority

8. The governing body of the National University of Ireland shall be the central registration authority for the purposes of this Act and the Act of 1937.

9. Register of electors

9. (1) The central registration authority shall cause a register (in this Act referred to as a register of electors) to be kept in accordance with this Act of the persons who are for the time being entitled to be registered as electors in the Higher Education constituency.

(2) No fee shall be charged by the central registration authority or by the chief registration officer to any person in respect of the registration of that person in the register of electors.

(3) The first register of electors shall be published and come into effect on the 1st day of April 2025 and shall be prepared so as to render such register of electors an accurate register, so far as may be practicable, of the persons who were qualified on the 23rd day of January 2025.

(4) Every annual revision of the register of electors in accordance with the Schedule shall be completed before and come into effect on the 1st day of June and shall be so made as to render such register of electors an accurate register, so far as may be practicable, of the persons who were qualified on the next preceding 26th day of February to be registered in the register of electors.

10. Chief registration officer

10. (1) There shall be a chief registration officer for the Higher Education constituency who shall be appointed and paid by the central registration authority.

(2) The central registration authority shall notify the Minister as soon as practicable after it appoints a chief registration officer.

(3) The register of electors shall be in such form as the chief registration officer shall, with the sanction of the Minister, direct.

(4) It shall be the duty of the chief registration officer to prepare the register of electors and to revise it annually in accordance with this Act and the rules contained in the Schedule.

11. Registration officers

11. (1) There shall be a registration officer for each designated institution who shall be appointed and paid by the governing body of the institution.

(2) It shall be the duty of every registration officer to assist the chief registration officer in the carrying out of his or her functions under this Part and the Schedule.

(3) A registration officer shall, where so requested by the chief registration officer, provide the chief registration officer with any information within his or her possession, power, or procurement that the chief registration officer requires to verify information provided to the chief registration officer to show that a person who makes a claim, or on whose behalf a claim is made, under section 12, is entitled to be registered in the register of electors.

(4) No fee shall be charged by a registration officer or by the governing body of a designated institution to any person in respect of the registration of that person in the register of electors or the revision of the register.

12. Claim to be registered in first register of electors

12. (1) Any person who claims to be entitled to be registered as an elector in the Higher Education constituency may, on or before the 23rd day of January 2025, send to the chief registration officer a claim in the prescribed form to be so registered.

(2) Where a person referred to in subsection (1) so consents, the designated institution that awarded a degree to the person may send to the chief registration officer on behalf of that person, a claim, in the prescribed form to be registered as an elector in the Higher Education constituency.

(3) A designated institution shall send all claims referred to in subsection (2) to the chief registration officer as soon as practicable and no later than the 23rd day of January 2025 for inclusion in the first register of electors.

(4) The prescribed form of claim shall be such as to enable the claimant to state therein—

(a) such particulars (including a person’s identifying particulars and qualifying particulars) as shall be requisite to show that he or she is entitled to be registered as an elector in the Higher Education constituency,

(b) the address at which he or she is normally resident,

(c) if he or she so desires, another address as the address to which his or her ballot papers are to be sent, and

(d) if he or she so wishes, an address at which he or she may be contacted electronically.

(5) The prescribed form of claim shall include a declaration to be made by the person filling up the form confirming that the details provided by him or her are true to the best of his or her knowledge and belief.

(6) The prescribed form of claim shall be such as to enable the claimant, where he or she does not provide a personal public service number, to fill up the form in the presence of a member of the Garda Síochána or any notary or notary public and for the member or, as the case may be, the notary or notary public on being satisfied as to the claimant’s identity, including, if necessary, by proof of photographic identification or by completing a statutory declaration, to date, sign and stamp the form.

(7) The prescribed form of claim shall be such as to enable the claimant, where he or she does not provide a personal public service number and is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and for the medical practitioner to confirm the identity of the claimant.

(8) A claim in the prescribed form may be sent to the chief registration officer in writing by post or in electronic form or uploaded electronically to such website as the chief registration officer specifies for that purpose.

13. Consultation with designated bodies in relation to first register of electors

13. (1) Where the chief registration officer receives a claim referred to in section 12, he or she may, for the purposes of verifying the particulars provided by, or on behalf of, the claimant, the claimant’s identity or whether or not the claimant is entitled to be registered in the register of electors, consult and share information with—

(a) where the claimant has stated his or her personal public service number in the claim, the Minister for Social Protection,

(b) the relevant designated institution, and

(c) An tÚdarás um Ard-Oideachas.

(2) The chief registration officer may share identifying particulars with the Minister for Social Protection for the purposes of subsection (1).

(3) The chief registration officer may share qualifying particulars and identifying particulars with the relevant designated institution and with An tÚdarás um Ard-Oideachas for the purposes of subsection (1).

14. Further evidence as to identity or degree

14. (1) Where the chief registration officer receives a claim referred to in section 12 and is unable to verify under section 13 the particulars provided by, or on behalf of, the claimant, the claimant’s identity or whether or not the claimant is entitled to be registered in the register of electors, or where a claim is incomplete, the chief registration officer shall inform the claimant and may require him or her, where he or she has not already done so—

(a) to fill up the claim form in the presence of a member of the Garda Síochána or any notary or notary public,

(b) to satisfy the member or, as the case may be, the notary or notary public, as to his or her identity including, if necessary, by proof of photographic identification or by completing a statutory declaration, and

(c) to have the member or, as the case may be, the notary or notary public, on being satisfied as to the claimant’s identity, date, sign and stamp the form, or

(d) where he or she is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and to have the medical practitioner confirm the identity of the claimant,

and to resubmit the claim.

(2) Without prejudice to subsection (1), where the chief registration officer is unable to verify that the claimant has been awarded a degree by an institution that is a designated institution he or she may require the claimant to obtain evidence in writing from the relevant designated institution, that the claimant was awarded such a degree.

(3) The chief registration officer shall, as soon as practicable following a request under this section, consider and decide on the claim and shall notify the claimant of the decision and, where the claim is refused, of his or her right to appeal the decision in accordance with section 18 and Rule 25 of the Schedule.

15. First register of electors

15. (1) Where the chief registration officer receives a claim referred to in section 12 and it appears to him or her either without further inquiry or following further inquiry in accordance with this Part that the person to whom the claim relates is entitled to be registered in the register of electors, the chief registration officer shall make an entry in the register of electors in respect of that person.

(2) The chief registration officer shall—

(a) publish the register prepared under this section on the 1st day of April 2025 by publishing a notice that a copy of such register is open to inspection at his or her office,

(b) keep at least one copy of such register available in his or her office for inspection,

(c) permit any person to inspect free of charge in his or her office during office hours a copy of such register,

(d) on the application of any person during office hours and on payment of the prescribed fee, furnish to such person a copy in printed or in electronic form of such register or of so much thereof as is the subject of such application, and

(e) whenever so requested by the Minister, transmit to the Minister a copy of such register or a summary of the contents of such register in such form and giving such particulars as he or she shall specify in such request.

(3) Where the chief registration officer provides to any person a copy of the register of electors, or part thereof, under this section he or she shall draw the attention of the person to section 21 in relation to the purposes for which the register may be used.

16. Further evidence that may be required for purposes of registration on first register of electors

16. (1) The chief registration officer, before registering any person in the register of electors, may if he or she thinks it necessary—

(a) require such person to produce a certificate of his or her birth or, if that is not practicable or convenient, to make a statutory declaration that he or she has attained the age of eighteen years, and

(b) require such person either, as the case may require, to make a statutory declaration that he or she is a citizen of Ireland or to produce a certificate of his or her naturalisation as a citizen of Ireland or a valid passport issued by the Minister for Foreign Affairs.

(2) The Minister may prescribe the form and manner of making of a statutory declaration under this section.

17. Offence of furnishing false information

17. A person who furnishes information purportedly in accordance with this Part or the Schedule knowing it to be false or misleading shall be guilty of an offence and shall be liable on summary conviction to a class D fine or to imprisonment for a period not exceeding 3 months or to both such fine and such imprisonment.

18. Appeals from chief registration officer

18. (1) An appeal shall lie to the Circuit Court from any decision of the chief registration officer on any claim or objection which has been considered by him or her under this Act.

(2) An appeal shall lie to the High Court on points of law only from a decision of a Judge of the Circuit Court on an appeal under subsection (1).

(3) No appeal shall lie from a decision of the High Court on an appeal under subsection (2).

(4) As soon as may be after a decision on an appeal under this section the registrar of the Court shall send to the chief registration officer notice of such decision and the chief registration officer shall make such alterations in the register of electors as shall be necessary to give effect to such decision.

(5) On any appeal under this section, the chief registration officer shall be named as the respondent or one of the respondents.

19. Contents of register of electors