Written answers

Wednesday, 13 February 2013

Department of Children and Youth Affairs

Children's Rights Referendum

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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To ask the Minister for Children and Youth Affairs her views on the full McCrystal judgement handed down last week in the Supreme Court; the reason her Department used €1.1 million of Exchequer funding to support the Yes campaign; and if she will make a statement on the matter. [6999/13]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The judgement in McKenna stated that the Government has a duty to give information to the electorate as well as to clarify issues which may arise in the course of the campaign, and must do so without advocating a particular position. Governments have in fact carried out this role in other Referendums since the McKenna Judgement, including in the Lisbon and Stability Treaty referendums. The Government has welcomed the fact that the Supreme Court in the McCrystal Judgement has provided, for the first time since 1995, some guidelines on the application of the important McKenna principles.

In relation to the Children's Referendum, the Government aimed, through its information materials, to encourage the maximum public debate on, and participation in, the referendum. In doing so, it was conscious of an acknowledged gap in information that can attend referendums. The Government considered that in preparing information materials, it was paying appropriate regard to the McKenna principles.

In its Judgement of 11th December, 2012, the Supreme Court found that the Government at all times acted in a bona fide manner. It noted that not everything in the advertisements, information booklet and website was objectionable under the McKenna principles. However, the Supreme Court found that the cumulative effect of matters identified in these materials contravened the McKenna principles. The failures identified by the Supreme Court are fully acknowledged and greatly regretted.

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