Dáil debates
Tuesday, 18 December 2012
Ceisteanna - Questions - Priority Questions
Children's Rights Referendum
2:15 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source
I do not doubt the Minister's intent, and that is clear from the question I tabled. My concern is that if we have not already done so, we must learn from the lessons of the past. Last August, Mr. Justice Kevin Feeney, the former chairman of the Referendum Commission for the fiscal or austerity treaty referendum, depending on one's point of view, cautioned against this approach on the basis that it could cause confusion. It was his experience as chairman of the Referendum Commission in that case that it perhaps had contributed to the creation of confusion.
I note the point about not identifying where it had emanated from and that it did not apply in this instance under the direction of the Minister. We must be mindful in respect of the existing rulings, including the McKenna judgment. I ask the Minister whether the dissemination of independent information and assessment should be left wholly and solely to the Referendum Commission of the day. I strongly recommend the commentary to which reference has been made.
Following the McCrystal judgment, the Minister Deputy Pat Rabbitte said, "the Government seems to be impeded from advocating its convictions in a matter like a referendum". I reject that, it is totally untrue. What is a requirement is that the component parts of the Government, such as opposition voices, must be responsible for funding whatever it produces, either collectively or through independent action by party components. Does the Minister accept there are lessons to be learned and the best practice for the future is to allow the Referendum Commission of the day to take responsibility, wholly and solely, for the dissemination of independent assessment?
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