Written answers

Wednesday, 14 February 2024

Department of Justice and Equality

Referendum Campaigns

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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255. To ask the Tánaiste and Minister for Justice and Equality the measures she is taking to ensure that organisations, including State bodies under the aegis of her Department as well as non-governmental organisations and charities that are in receipt of funding from her 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 she will make a statement on the matter. [6765/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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In general, it is the role of the Electoral Commission, which is independent, to prepare impartial and unbiased information about the proposals in the upcoming referenda on Article 41.1.1 and Articles 42.2.1 and 42.2.2 of the Constitution and make that information available to the public.

The Department of the Taoiseach has issued guidance to all Departments on the implications of relevant court judgments for the upcoming referenda on the 39th and 40th amendments to the Constitution in December 2023. My Department and the bodies under its aegis have been made aware of their obligations in this regard.

As the Deputy may be aware, funding to NGOs and community organisations by my Department supports the provision of specific services and projects, primarily in the youth justice, rehabilitation of offenders, community safety and DSGBV areas.

All entities in receipt of grants from my Department (including registered charities) are subject to a signed grant agreement which specifies the purpose of the grant. These grants do not provide funding for NGOs to campaign in referenda. The Department undertakes a number of checks to ensure that spending is not used on activities outside that specified within the relevant grant agreement.

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