Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Deputy Finian McGrath was not here when I spoke earlier, but I would like to make the following point to him now. As Mrs. Justice Denham said, "In all the circumstances of this case, as have appeared before the court, I am satisfied that the respondents acted in a bona fide manner." Mr. Justice Fennelly said: "I have no doubt that this was all done bona fide and with a consciousness that the decision in McKenna had to be respected." That is quite contrary to what Deputy Finian McGrath was saying. I just wanted to quote to him what the judges of the Supreme Court said in relation to the approach that I and my Department took to this matter. Justice O'Donnell stated: "It should be said that the plaintiff made it clear that he [the plaintiff] was prepared to accept the Department had acted in good faith in preparing the campaign and did not challenge it on that ground."

As regards the Deputy's broader point on future referenda, I accept that we need to examine what has happened in previous referenda. As the Government statement said, we are carefully studying the Supreme Court judgment which now clarifies, for the first time since 1995, how the Government can make information available to the electorate during a referendum.

As regards Deputy Troy's point, I have no doubt that we will be having discussions in the House on that matter. Many Deputies will want to express a point of view in light of recent events. In looking back at how other referenda were conducted, there will be a discussion in the House on future referenda.

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