Trinity College’s history often seems to bleed from the cobbles of Front Square; blending with the university’s modern day influence to form a distinct reputation.
However, in addition to its educational influence, the university also holds its own personalised political command.
The role of College in modern Irish life is one enshrined in the Irish constitution, with the University of Dublin granted its own Seanad constituency, separate to the National University of Ireland (NUI) college constituency.
Trinity graduates are entitled a vote to elect three senators to Seanad Éireann; however, following the retirement of Senator David Norris in January 2024, one of these seats has been vacant.
Leaving both an inspiring legacy and the title of the longest serving Irish senator in history in his wake, the vacuum of Norris’ seat grows ever larger with every month which passes.
In the event of a Seanad vacancy, Senators must call a by-election within six months; however, no such action has been taken to fill Norris’ vacant seat, which now approaches eight months without a representative.
Trinity is no stranger to public or legal attention – and once again, in the wake of Norris’ absence, finds itself on the brink of societal scrutiny.
The Seanad has been threatened with legal action if it does not prioritise an election for the University of Dublin constituency’s vacant seat, with the prominent political campaigner Tomás Heneghan having written a letter to current Senators seeking action on the matter.
To further complicate matters, Heneghan also highlighted that Norris’ vacancy was not the only one to arise in this period. However, other replacements have been found, such as the nomination of Nikki Bradley to replace Senator Regina Doherty earlier in August.
Not only does this campaign raise important views as to the perceived significance of the University of Dublin constituency in the Seanad, but this spotlight on the constituency begs the question; why does College have the privilege of three Seanad representatives – and for how much longer will this continue?
A brief overview of Trinity’s political legacy
With many aspects of university life swaddled in the shadow of College’s history, it comes as no surprise that its current political influence is no different.
“The latest legal shift to haunt the Seanad electoral process was the seventh amendment to the constitution”
Centuries prior to the creation of an independent Irish parliament, the constituency of the University of Dublin was allowed two MPs to be elected to the Irish House of Commons, convened by King James I in 1613, thus marking the beginning of the constituencies prescience in Irish political life.
The first of many shifts in the practice of political representation took place following the Act of Union 1800. 1801 saw the constituency reduced to one representative in the House of Commons – however this development was short lived, as the Representation of the People Act 1832 saw the University constituency restored to two seats.
The University of Dublin constituency for the House of Commons was abolished in 1922, and the electorate was absorbed into the Irish Government through the Electoral Act 1923.
The act saw the Irish Free State set the boundaries of its Dáil constituencies, and allowed for three seats of the Dáil to be elected by all graduates and scholars of the university.
Once again, however, this practice would change following the Constitution Act 1936, (amendment no.23), and the subsequent adoption of the 1937 Irish constitution, which saw the abolition of university representation in Dáil Éireann.
Instead, the constitution provided for the university constituency to link to the Seanad.
As it stands today, Seanad Éireann, the upper house of the Irish legislature, is made up of 60 members. The role of a number of Irish universities, Trinity in their midst, in electing members of the Seanad is enshrined in the Irish constitution under article 18.4.1.
The article outlines that elected members of the Seanad shall be elected through four channels, with three people elected by the NUI constituency, three elected by the University of Dublin, and 43 elected from panels of candidates. 11 members are elected by the Taoiseach – bringing the total number of members to 60.
Prior to David Norris’ resignation, he held the position alongside Senator Tom Clonan, and Senator Lynn Ruane, with a total of twenty two different people elected from the University of Dublin Seanad constituency since the practice began in 1938.
The latest legal shift to haunt the Seanad electoral process was the seventh amendment to the constitution – the Election of Members of Seanad Éireann by the Institutions of Higher Education bill.
The bill sought to create the potential space for the exaction of legislation allowing institutes of higher education and universities, other than those expressed in the constitution, to have a voting say in the election of university representation in the Seanad.
Despite this amendment, there was no action taken to put such measures in place.
All remained as it was, until Tomás Heneghan sought to challenge these practices.
Legal trouble and the NUI relationship
The role of university constituencies, however, is far from a stable practice. Nor is it one that offers a universal vote to all third level graduates.
The 1979 amendment remained dormant, never reaching the once envisioned democratic equality.
The NUI constituency comprises four universities – University College Dublin, University College Cork, University of Galway, and Maynooth University. Alongside certain NUI member institutions, such as Royal College of Surgeons Ireland and the Institute of Public Administration, this constituency too elects three Seanad members.
However, the practice as it once stood was to be shattered by one University of Limerick (UL) graduate.
In a landmark case brought by Tomás Heneghan before the supreme court in 2023, it was ruled that graduates from the UL, and other third level institutes, were entitled to vote in university affiliated Seanad elections, despite not being on the official NUI register of universities – and that the practice was contrary to the rights granted by the constitution.
Suspending the declaration of unconstitutionality until May 2025 to allow the Seanad the chance to both catch its breath and amend its behaviour, the state of the Seanad electoral system stands on the brink of fundamental change.
The University of Dublin, though entirely separate from the NUI college sphere, is not immune to the influence of such a decision.
Heneghan argued that the Seanad, since 1979, has been composed in violation of the constitution, breaching article 18.4.2 – the aforementioned amendment.
Described by Dr Laura Caihllane, senior law lecturer at UL, as a “victory for democracy”, the decision shall fundamentally alter the methods used to elect Seanad representatives – perhaps leading to the abolition of the division altogether.
An eye to the future
“The echoes of the empty Seanad seat seem to amplify the importance of the reconstruction of the Seanad’s system of election”
In keeping with its fluid history, the Seanad’s university constituencies face major upheaval in the next few years; with a complete overhaul of the election practices currently in the works.
A bill is being drafted by the Department of Housing, Local Government, and Heritage; which would, in theory, see the creation of a new constituency – the Higher Education constituency.
This proposed Seanad electoral (university members) (amendment) bill 2024 would see Irish citizens who hold a degree from a designated institution of higher education in Ireland have the power to elect six senators – absorbing both the NUI and Dublin University Constituency.
With the bill currently seeking public consultation, it may result in Trinity’s electoral individuality.
The echoes of the empty Seanad seat seem to amplify the importance of the reconstruction of the Seanad’s system of election.
The issue of the vacant seat digs up further questions about the role of College as a stand-alone constituency, the history of its political influence, and the requirement for fundamental Seanad reform.
The upper house of the Irish government barely escaped extinction in a 2013 referendum – therefore, any attempts to modernise, or to merely update the Seanad’s modus operandi may help bring the chamber along with the tide of history.
When such changes do come about, Trinity graduates will, of course, still be able to vote – only without the emblem of their exclusive constituency, as College slouches ever further from its 400 year history.
