Sunday 1 November 2026Compiled from published reports. Every claim links to its source.

Ireland Crime

Every case followed from the first report to the sentence, or to where the reporting stopped.

Case No. 21695Constitutional law (voting rights) · Co. Dublin · 31 Mar 2023

Supreme Court allows appeal over Seanad voting rights in Dublin

Tomás Heneghan, a graduate of the University of Limerick, challenged his inability to vote in Seanad Éireann university panel elections, arguing the State failed to extend voting rights to graduates of all third-level institutions as mandated by a 1979 referendum. A three-judge divisional High Court in Dublin found in November 2021 that he had not established an entitlement to vote. On 31 March 2023, the Supreme Court allowed his appeal by six to one, finding the Seanad Electoral (University Members) Act, 1937, unconstitutional. The court suspended its declaration of invalidity until 31 July 2023 to allow the Oireachtas time to legislate.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court31 Mar
    2 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Tomás Heneghan, a graduate of the University of Limerick, challenged his inability to vote in Seanad Éireann university panel elections.
Where
The case was heard in Dublin.
When
The Supreme Court delivered its judgment on 31 March 2023.
Cause
Article 18.4.2 of the Constitution, introduced by a 1979 referendum, mandated legislation to extend voting rights to graduates of all third-level institutions, but such legislation was never enacted.
Investigation
A three-judge divisional High Court found in November 2021 that Heneghan had not established an entitlement to vote.
In court
  • The Supreme Court allowed the appeal by six to one, with Mr Justice Brian Murray giving the main judgment, Mr Justice Gerard Hogan concurring, and Mr Justice Peter Charleton dissenting.
  • The Supreme Court found the Seanad Electoral (University Members) Act, 1937, unconstitutional.
Sentence
The Supreme Court suspended its declaration of unconstitutionality until 31 July 2023, with the declaration to be prospective only and having no effect on elections since 1979.
Other details
  • Heneghan was represented by the Free Legal Advice Centres.
  • The Minister for Housing, Local Government and Heritage, the Government of Ireland, and the State denied the claims.
13 statements extracted from the articles
  • whatA large majority voted to extend voting rights for university seats to graduates of all third level institutions in a 1979 referendum. (irishtimes.com)
  • courtThe Supreme Court allowed the appeal by six to one. (irishtimes.com)
  • courtA three-judge divisional High Court found in November 2021 that Heneghan had not established an entitlement to vote. (irishtimes.com)
  • courtThe relevant sections of the Seanad Electoral (University Members) Act, 1937, were found invalid. (irishtimes.com)
  • courtMr Justice Brian Murray gave the main judgment, Mr Justice Gerard Hogan gave a concurring judgment, and Mr Justice Peter Charleton dissented. (irishtimes.com)
  • courtThe Supreme Court found the legislation governing Seanad university panel elections is unconstitutional. (rte.ie)
  • courtThe Supreme Court suspended its declaration of unconstitutionality until 31 July. (rte.ie)
  • courtMr Justice Brian Murray said a failure to suspend the declaration would threaten the stability of the democratic system. (rte.ie)
  • courtThe declaration of invalidity should be prospective only, with no effect on elections since 1979. (rte.ie)
  • otherArticle 18.4.2 of the Constitution was brought in after a referendum in 1979. (rte.ie)
  • otherThe court found that legislation to include other institutions was never enacted. (rte.ie)
  • otherThe case was taken by Tomás Heneghan, a graduate of the University of Limerick. (rte.ie)
  • otherHe was represented by the Free Legal Advice Centres. (rte.ie)

The reporting

newest first
  1. 31 Mar2023
    In courtrte.ie, its first report
    Seanad elections set to change after court ruling

    Supreme Court ruling in Heneghan's case finding Seanad university panel election legislation unconstitutional, with declaration suspended until 31 July 2023.

    victim, Tomás Heneghan, male, irish (judged from name)Tomás Heneghan
  2. 31 Mar2023
    In courtirishtimes.com, first report
    University of Limerick graduate wins Supreme Court appeal over Seanad election voting

    Reports the Supreme Court's 6-1 decision allowing the appeal and the suspension of the ruling until 31 July 2023.

    accused, Tomás Heneghan, male, named, irish (judged from name)Tomás Heneghan