Where are all the Women? Dáil Eireann and the Irish Cabinet in 2025

With the culmination of the program for government talks in January 2025 and the unveiling of the new Irish cabinet, the first question was why are there as many James’s as women in the cabinet?

Across the EU27, Ireland has the 6th lowest rate of female participation in Lower House Parliaments standing at only 23.1%^. In the Irish case this lower chamber is Dáil Éireann which holds the most power in the bicameral system of Irish democracy. There are also obvious differences between parties as to their gender make up with some parties doing very well and others with work to do.

While the Taoiseach can choose two Ministers from the Seanad, the remaining ministers must come from the Dáil chamber. There is also a constitutional limit of 15 full ministers. Therefore, the number of women elected to the Dáil chamber and making up the members of the governing parties essentially restrains the available pool of women who may be selected for ministerial office.

While the lack of female representation at national political level has been noted for many years, the only substantive legislative measure to incentivise parties to run more female candidates on a national basis was with the introduction of ‘gender quotas’ in the Electoral (Amendment) (Political Funding) Act 2012. The measures in the legislation quota required political parties to ensure that a certain percentage of their overall ticket was female for the general election only. The original provisions would reduce central government funding of political parties by 50% unless at least 30% of the candidates that were run or female. For the most recent general election in 2024 this quota was was increased to 40%. While the onus was placed on registered political parties to adhere to the quota no similar quota exists for independent candidates. It also did not apply to a party that are not yet registered by the respective deadline or any loose combination of candidates seeking election on a common platform.

The 2024 election also had dramatic difference the number of constituencies and members increased dramatically due to population change. An Coimisiún Toghcháin announced in 2023, that the next general election would increase the number of members of Dáil Éireann from 160 to 174 and the number of constituencies from 39 to 43. The reason for this increase is due to the constitution stating that there is a constitutional ceiling on the number of TDs to citizens which is set at a maximum of 30,000 as per article 16.2.2. Therefore, between the increase in representatives and constituencies, theoretically there was more room for more diversity in representation.

Ireland operates a single transferable vote system. Which means that an elector can rank their preferences in order rather than making one choice. In theory this should mean that we get a high degree of diversity in those that are elected but this is then limited by the size of our constituencies which undermines the ability to have that diversity then reflected in the eventual result. This is referred to as “district magnitude” and won’t be solved until we have constituencies with more than a limitation of three to five candidates being returned which is currently prescribed by legislation. However, the constitution only places a floor of three representatives and the limitation of 5 can easily be amended by reform of the Electoral Acts. Furthermore, Ireland has a high “incumbency advantage” that means if you already hold a seat your chance of retaining that seat is far higher than a new candidate replacing them. In terms of diversity, this arguably means that female candidates have a far more difficult job of replacing male representatives through an electoral contest.

There were however many voices querying the genuineness of the addition of women to many political tickets. As many women were selected to contest areas where realistically they had very little chance of success. They were placed in areas where their party would traditionally not receive significant support and added onto the ticket at a very late stage. This is what is referred to as being a “sweeper” as in an individual that will not have a realistic chance of being elected on their own account but would hopefully allow transfers to go to more established politicians and thereby securing the seat of another. Some of this may be explained by the fact that the local elections only happened in June 2024 and therefore a new crop of counsellors had only just found their feet under the council chamber desk before they were plucked to be supporting actors on the constituency stage of a national election.

On a constitutional basis, the only reference to protection for political parties in the constitution may be considered to come from the right to association clause as part of Article 40.6.1(iii) and this is still to be interpreted in line with the right to equality under Article 40 which does allow for the State to have due regard to difference of ‘capacity, physical and moral and of social function’. It could be argued that if this section were to be construed by the court, then the focus of the action, in this regard the party, can be subjected to such rules to ameliorate the current lack of female Dáil members to better represent women in politics. This position was successfully tested in the Mohan v. Ireland ^[2]. As the provisions only applied to registered political parties, they did not impact on individuals who sought to contest a general election on an independent basis.

However, the gender quotes for the general elections to Dáil Éireann only impact on one part of the evolution of a political candidate. There are no equivalent gender quotas for local elections or for Seanad elections. Both are effectively stepping stone pathways into contesting a general election. Essentially in the Irish framework of political life, the route to candidature for a Dáil general election is through the local council chambers across the land which may also include a term or two in the upper house known as the Seanad. Furthermore, with the increasing power of independents in Irish politics, none are subject to the provisions as there is obviously no party to which to attach the stick of a reduction in state funding. Furthermore, for new parties which are to be formed, there is no requirement for the first tranche of members to have any form of gender balance.

To address this there are legal and cultural changes necessary. Gender Quotas and the High Court judgment in Mohan illustrate that there are many elements to the equation to increasing women’s participation in political life. For example, the timetabling of political business in Ireland is not family friendly. Councils have late meetings, the Dáil has late sittings neither of which are suitable for those with caring responsibilities and certainly not suitable when you are voting on legislation at 9pm in the evening in Central Dublin yet your young child is awaiting bedtime in Killybegs. Maternity leave does not exist for TDs and Ministers. While Helen McEntee, as the then Minister for Justice, did take maternity leave as a full cabinet minister and it was hoped that a woman choosing to balance her career and family at one of the highest positions of government would spur on change in this area, nothing has since changed. Maternity leave type provisions have only recently been legislated for at local council level.

The interpretation of rules regarding voting and being present do not help those with caring or family commitments or even long-term illness to remain in political life. The strict interpretation of the requirement of being physically in the chamber has not changed even over Covid. Companies and organisations were well able to moderate their rules to allow for remote or hybrid work. Yes, the constitution, which was never designed for Times of pandemic, even requiring the first amendment of the 1937 Constitution to allow for emergency provisions.

It must be acknowledged that some progress has been made incrementally but women can’t wait. Women’s voices must be meaningfully included in parties particularly in their candidate selection. The culture of politics also needs to recognise that what suits the hours of the traditional pale, male and stale politicians of yesteryear does not suit future generations, nor does it capture the reality of life for those who have caring responsibilities or come from minority backgrounds.

Bio

Dr. Jennifer Kavanagh is a Law Lecturer in South East Technological University. She holds PhD in Law from Trinity College Dublin. Her thesis was on Constitutional Law and Government Policy Information. She has recently published the Second Edition of  “Constitutional Law in Ireland” with Clarus Press and is currently working on the Second Edition of “Electoral Law in Ireland” which will be published with Clarus Press. She also writes the Constitutional Law and Electoral Law chapters of the Annual Review in Irish Law published by Round Hall. She is a regular commentator on politics and current affairs on national and international media as an expert in Constitutional Law and Electoral Law. ​Jennifer is current President of the Political Studies Association of Ireland and a member of the Royal Irish Academy’s Ethical, Political, Legal and Philosophical Studies Committee.