The Supreme Court has found that the legislation governing the election of senators to the Seanad university panels is unconstitutional and the Oireachtas must legislate to allow graduates of third-level institutions other than the National University of Ireland and Trinity College Dublin to vote.
In what is being described as a landmark case, the court found that Article 18.4.2 of the Constitution, brought in after a referendum in 1979, mandated the Oireachtas to enact legislation to include the electorates of other institutions of higher education as well as NUI or TCD.
But the court found such legislation was never enacted, meaning graduates of institutions other than TCD and NUI have no entitlement to vote for candidates on the university panel.
However, the Supreme Court has suspended making its declaration that the current law is unconstitutional until 31 July meaning its decision will not affect any election held in the meantime.
It will receive submissions to decide on the length of time needed to allow the issues to be addressed.
Mr Justice Brian Murray said a failure to suspend the declaration of unconsitutionality would threaten the stability of the democratic system.
He also said that any declaration of invalidity by the Supreme Court should be prospective only, meaning it would have no effect on elections since 1979.
The ruling comes in a case taken by Tomás Heneghan who is a graduate of the University of Limerick.
He was represented by the Free Legal Advice Centres who welcomed today's decision.
Chief Executive of FLAC Eilis Barry congratulated Mr Heneghan for his courage, fortitude and persistence in taking what she described as a landmark case for democracy, equality and the rule of law.
FLAC’s managing solicitor, Sinead Lucey said the judgment was significant in terms of the importance of the expression of the will of the people in a referendum and it confirmed the Oireachtas could not ignore the outcome of a referendum.
Mr Heneghan said he hoped the Oireachtas would act speedily to ensure the democratic right to vote in Seanad elections was extended to all regardless of educational or socio-economic background.
