Written answers
Wednesday, 14 February 2024
Department of An Taoiseach
Referendum Campaigns
Carol Nolan (Laois-Offaly, Independent)
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43. To ask the Taoiseach the measures he is taking to ensure that organisations, including State bodies under the aegis of his Department as well as non-governmental organisations and charities that are in receipt of funding from his Department, do not use any portion of such funding to campaign or promote a position in favour or against any outcome of the forthcoming referenda on Articles 41.1.1, 41.2.1 and 41.2.2 of the Constitution, thereby breaching the McKenna principles. [6769/24]
Leo Varadkar (Dublin West, Fine Gael)
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In accordance with standing procedure, the Department of the Taoiseach issues guidance to all Ministers and Government Departments in respect of the application of the principles of the various Court judgments relevant to the Government’s role in referendum campaigns (these are generally referred to as the ‘McKenna/McCrystal principles’). The guidance note is based on advice received from the Attorney General’s Office. It is for other Departments to bring the information to the attention of the relevant bodies under the aegis, as required.
In short summary, these principles require that any information disseminated by the Government or any agencies or bodies involving the use of public funds must be equal, fair, impartial and neutral, and the Government is not entitled to spend public money for the purpose of promoting a campaign for a particular outcome.
It is the responsibility of An Coimisiún Toghcháin, under Chapter 5, Part 2 of the Electoral Reform Act 2022, to provide a general explanation of the subject matter of the proposals for the referendums and to promote public awareness and encourage voting at the referendums.
Guidance has issued to all staff in the Department of the Taoiseach and NESDO, the only public body under the Department’s aegis, highlighting the implications of relevant court judgments for the upcoming Referendums. The Department does not provide grant-funding to charities or non-governmental organisations.
Carol Nolan (Laois-Offaly, Independent)
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44. To ask the Minister for Foreign Affairs and Trade the measures he is taking to ensure that organisations, including State bodies under the aegis of his Department as well as non-governmental organisations and charities that are in receipt of funding from his Department, do not use any portion of such funding to campaign or promote a position in favour or against any outcome of the forthcoming referenda on Articles 41.1.1, 41.2.1 and 41.2.2 of the Constitution, thereby breaching the McKenna principles; and if he will make a statement on the matter. [6761/24]
Micheál Martin (Cork South Central, Fianna Fail)
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The Government is not entitled to spend public money for the purpose of promoting a campaign for a particular outcome and a guidance note outlining this position was circulated to all Government bodies and agencies, including to my Department.
I wish to assure the Deputy that the officials of my Department are aware of their obligations to remain impartial as they serve the State.
While NGOs are, by their very nature, independent of Government, those in receipt of funding from the Department of Foreign Affairs are aware that public funding must be used only for intended purposes, and engagement in information campaigns linked to the referendum is not covered in funding arrangements.
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