The Irish Times reported Oct 24 that a challenge made by engineer Mark McCrystal to the alleged use of
“one-sided” material in the Government’s information campaign about the
children’s referendum will be heard by the High Court early next week. It is
claimed €1.1 million of public money is being spent on the campaign.
Mark McCrystal, an engineer from Kilbarrack Road, Dublin,
claims the Government has been using information that is not neutral but rather
designed, intended and likely to promote a Yes vote in the November 10th
referendum.
He has brought proceedings over the matter against the
Minister for Children and Youth Affairs, the Government of Ireland, Ireland and
the Attorney General.
He was given permission last Friday to serve short notice of
the proceedings on the State parties and, when the matter returned to court
yesterday, Ms Justice Mary Laffoy agreed it was urgent and fixed a hearing date
for next Tuesday.
The judge said that would be enough time for both sides to
prepare their cases, given that polling day is November 10th.
The State, represented by David Hardiman SC, had asked for
time to respond to Mr McCrystal’s claims, which include allegations concerning
material being published via the internet.
An independent expert would be required to give an opinion
on the material about which complaints were made, counsel said.
Ruadhán Mac Aodháin, for Mr McCrystal, said the action
arises from his client’s concerns that one-sided material about the referendum
has been used on a Government website. A total of €1.1 million was to be spent
on the information campaign, he said.
In his action, Mr McCrystal claims the State is in breach of
the 1995 judgment by the Supreme Court in the McKenna case to the effect that
referendums should be explained to the public in an impartial manner. He says
he has no objection to the State arguing for a Yes vote but contends it cannot
use public money to do so. He is seeking various injunctions, including one
restraining the State from spending public money on websites and booklets for
the purpose of promoting a particular result in the referendum.
He also wants the court to stop the State representing or
distributing information to the public which, he claims, is designed to promote
a particular result.
