Brendan Howlin (Wexford, Labour) | Oireachtas source

We debated this at some length on Committee Stage. The amendment seeks to remove the restriction whereby the parliamentary activities allowance cannot be spent on electoral expenses. This has always been the position. As I outlined on Committee Stage, the advice is that to allow expenditure of the parliamentary activities allowance on electoral expenses would likely contravene the principles of the McKenna judgment set down by the Supreme Court. It has been determined that no side can spend public moneys in a referendum campaign.

For clarity, the McKenna judgment states:

Ireland is a democratic state. The citizen is entitled under the Constitution to a democratic process. The citizen is entitled to a democracy free from governmental intercession with the process, no matter how well intentioned. No branch of the government is entitled to use taxpayers' monies from the Central Fund to intercede with the democratic process either as to the voting process or as to the campaign prior to the vote.

This is an implied right, pursuant to Article 40.3 which harmonises with Article 5, Article 6.1, Article 16, Article 40.1, Article 47.3 and is in keeping with the democratic nature of Bunreacht na hÉireann.