The prospects are dimming of a byelection being held to fill the Seanad seat vacated by David Norris on his retirement more than six months ago, with the cost of such a vote likely to be more than €500,000.
Under the Seanad Electoral (University Members) Act 1937, only the clerk of Seanad Éireann, Martin Groves, can inform Minister for Housing Darragh O’Brien that there is a vacancy after he has received a direction from the members of the Upper House. Once the Minister is informed, the byelection must be held within six months.
However, the Seanad has given no direction to the clerk since Mr Norris retired in January after 36 years. Any member of the Seanad can ask for the writ to be moved but no group or individual has done so. If a senator or senators do not make that move, the Act says the Minister is unable to direct that an election take place.
The Irish Times spoke to a number of senators who indicated that it was unlikely that the byelection would take place. Speaking on condition of anonymity, they said the main reason senators have been reluctant to move the writ is because of the huge costs associated with university byelections, especially given that the new member would likely sit for only a matter of months with a general election on the horizon.
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“There is absolutely no appetite to call a byelection,” said one senator. “It would be hugely expensive and the new senator would be there for only a couple of months, maybe weeks.”
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A byelection for the vacant Trinity College Dublin seat in Seanad Éireann would likely cost more than €500,000. There are an estimated 70,000 eligible voters on the register for Dublin University. Each candidate is entitled to send an election letter to each voter. In addition, a registered letter must also be sent to each voter in order to allow them to cast a postal vote.
However, a candidate in the 2022 University of Dublin byelection, Aubrey McCarthy, a businessman and chair of homelessness charity Tiglin, has said voters are being disenfranchised by the refusal of senators to move the writ.
“For 36 years David was a voice of advocacy for those on the edge of society. It’s highly unfortunate that the seat now lies vacant and silent,” said Mr McCarthy. “I am concerned that after six months the Seanad has failed to write to the Minister informing him of the vacancy.”
When Ivana Bacik was elected to the Dáil in July 2021, her Labour Party colleague Rebecca Moynihan applied for the writ to be moved at a sitting of the Seanad in November that year. The byelection occurred in March 2022, with disability campaigner Tom Clonan elected.
Two further vacancies were created in Seanad Éireann since the European elections, with Fine Gael’s Regina Doherty and Sinn Féin’s Lynn Boylan elected as MEPs for the Dublin constituency.
Ms Doherty was one of 11 taoiseach’s nominees. Last week Taoiseach Simon Harris named disability advocate Nikki Bradley as her replacement in the Seanad.
A byelection is required to fill the vacancy left by Ms Boylan. It is expected that one of the Government senators will nominate a candidate, as happened when Niall Ó Donghaile of Sinn Féin resigned last November. Given the majority in the Upper House, the new senator will come from one of the three Coalition parties. Mal O’Hara of the Green Party was appointed a senator in March after he was the only person nominated to fill the vacancy.
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