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Dublin: 13 °C Wednesday 19 June, 2013

Legal challenge begins over Children’s Referendum result

Two women have begun initiating the legal challenge, claiming information published by the government materially affected the referendum’s outcome.

Image: Sam Boal/Photocall Ireland

A LEGAL CHALLENGE is being mounted against the result of the recent Children’s Referendum.

RTÉ reports that two women have begun initiating a legal challenge against the result, one a campaigner for a No vote and the other who voted Yes by post before the Supreme Court ruling on the Government’s information website and booklet.

In its ruling, the Supreme Court said that the government had “acted wrongfully” in spending money on a website which was “not fair, equal or impartial”. Its full judgement is due on 11 December.

RTÉ said the women are claiming that the impartial campaign materially affected the referendum’s outcome.

Kathy Sinnott, who campaigned for a No vote in the referendum, emailed her supporters this evening on the challenge.

She said that the deadline to bring a challenge was today. “So we have been racing to sort out petitioners, legal team, lines of argument, supporting evidence and funding for the up front expenses like petition fee and expert opinions.”

She added:

As of today, the court has been put on notice of the case and two excellent petitioners have been identified to the court. For several reasons, the court has given us a one week extension on lodging the referendum case.

She said that a bank account for donations is to be set up soon, and “the legal team is enthusiastic and the support for the challenge is growing”.

Reaction

Sinn Féin Children Spokesperson Caoimhghín Ó Caoláin reacted to the news, saying:

Given the Supreme Court ruling, which found that the government was in breach of the McKenna principles, it was always a possibility that such a challenge would be mounted.  However, given the yes majority of almost 170,000 it would be my earnest wish that the decision of the electorate would stand.

According to RTÉ, Mr Justice O’Neill told the women their application for leave to bring the petition will only be heard when they have the text of the full Supreme Court judgement. The judgement will be delivered on 11 December.

In 1996, Des Hanafin took a challenge against the result of the Divorce referendum and, following an appeal, did not succeed in having it overturned.

Barrister Paul Anthony McDermott told TheJournal.ie last week that a challenge to the referendum result could potentially come from a number of different aspects.

He said that: “The job of someone challenging the result [could be] to try to convince the court that the margin could have been materially affected by unlawful publications.”

Read: Referendum result ‘could be challenged’>

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Comments (38 Comments)

  • Only this government could take a sure fire ‘yes’ in a referendum and make a hames of it by trying to pull a fast one for the sake of it.

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  • This shower couldn’t be trusted to organise their desks but they are masters of media manipulation.

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    • Mike
      What political Party do you support?

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    • @ Gary.
      I have voted ff in the past but seeing the way the country went and the “you voted wrong so do it again” debacle I opted for fg and lab believing their election promises.
      Now at this stage I am seriously thinking of putting my vote to a rank outsider rather than wasting my vote.
      I do however think there should be a “none of the above” option.
      Does that answer your question.

      Reply
  • I’d be surprised if this challenge wasn’t upheld. The difference between postal votes and normal votes pretty much prove that it had a dramatic effect on people and with such a narrow margin the Yes vote is unsafe.

    This will probably suit the government. They can blame the courts for striking down the ammendment and go straight back to the way it was and say they tried their best.

    Reply
    • Reg 19/11/12 #

      Can’t see any court overturning something the people have spoken on. Even if was only a third of the electorate.

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    • Sham 19/11/12 #

      Nah man, that suggests that following the ruling a rake of people (over 170,000), who had relied on the government leaflet/website, decided to seek out alternative info which differed so markedly from their previous understanding that they swapped sides. That’s just not plausible. If anything the ruling might have voted no after the ruling because they felt like the government should be punished

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  • And its women who bring the challenge .

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  • It would be a bad day for democracy if this challenge is allowed to go any further. The people have voted and made their decision. Up to every voter to make an informed decision when they vote. There was plenty of opinion available from all quarters to make that decision.

    TBH if the elected government supported a Yes vote, have a mandate to put forward the referendum and advocate a yes vote, I would kind of expect anything advice that they are providing to swing that way.

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    • In their hatred of a democratically-elected government some people on Journal.ie would see the very heaven’s fall.

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    • @Desmond to repeat the government misused public funds.They are entitled to use their own funds to promote their arguments.The supreme court said they were wrong or do you as a member of Labour believe the supreme court is wrong and the government is right?

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    • paul 20/11/12 #

      Don’t you understand Brian that the supreme court said the government lied, was biased towards the yes side and didn’t give appropriate funding to the no side. How can you say the result should stand when false information was given out meaning people voted on something without any idea what it actually meant

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    • And the no side didn’t lie about anything.
      Sure most of their arguments were complete fabrications.

      Reply
    • paul 20/11/12 #

      Well the Supreme Court didn’t find anything wrong with the no side. The information leaflets sent out to every household was found by the Supreme Court to be totally biased towards the yes side. If you can’t comprehend what that means you are an …… nah I won’t get my comment deleted this time

      Reply
  • Pure horse shite yet again, anyone that read the independent information on the referendum knows what it’s about and that’s it for the good of children, the nay sayers are just nay for the sake of nay..

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    • Typo * that its *

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    • “The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.”
      Adolf Hitler, Mein Kampf

      Reply
    • @Sean

      Godwin’s Law so soon?

      Reply
    • You must be worried Bryan .

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    • @Teryona.
      You may know that godwins law describes the inevitable and inappropriate referencing, or comparison of a contrary view, during an online discussion, with those of Hitler or the nazis.

      To qualify a rhetorical fallacy must have occurred. Evoking godwin law, in itself, does not make referencing the nazis a rhetorical fallacy.
      I contend that Bryan was guilty of a rhetorical fallacy-argumentum ad passiones- by asserting that the governments legal transgression was appropriate as they intended to protect defenseless children. A clear rhetorical fallacy.
      My Hitler reference was intended to illustrate the clear abandonment of logic in his statement.
      So I contend the reference was appropriate and therefore not described by godwin law.

      Reply
    • Sean,
      Your reference to the Nazis wasn’t inappropriate at all, I believe “The Best Interests of the Child” principle was first used by the Nazis. We, as a democratic republic, (!?!) have voted to have this undefined principle inserted in our Constitution.

      Reply
    • @Sean

      “As a Usenet discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one.” – Mike Godwin.

      Godwin’s Law does not dispute the validity of the comment, as sometimes it is relevant to the discussion. It simply states that the overuse of references to Hitler and Nazis should be avoided as it usually leads to the end of the discussion. Traditionally, the person who made the original reference to Hitler/Nazis is deemed to have lost the discussion/debate.

      Reply
  • Good for you girls, very brave and courages…we were all taken for a ride!!!@ as always with these referendums

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  • I do hope these people get stiffed with the costs of what will ultimately be a failed attempt to overturn the settled view of the Irish people to finally put children at the heart of our constitution.

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    • alan 19/11/12 #

      Spoken like a true democrat

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    • Children were always at the heart of the constitution. They have the same rights as adults. Its the incompetence of the government and support services that have continually failed our children. This change to the referendum will have absolutely no effect unless the system changes.

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    • @Declan if Labour along with FG had allowed the Ref Commission do their job this would not have happened.Instead using public money they promoted a “yes” and the supreme court said they were wrong.

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    • Simon if I could like ur comment a million times I would. The referendum was a smoke screen so Edna could hide behind it without ever having to get tuff on child rapists. All he had to do was bring in laws to support what was already in the constitution but no, instead he makes a balls of his own smoke screen.

      Reply
    • Lamb 19/11/12 #

      All for the rights of children but the government has made for a lousy parent over the years. Look at all the children who’ve escaped from state care and who take drugs and commit crimes while in care. I can’t see how that is better for them. What about the children in recent years that have died when they were supposed to be in care? If the state had sorted out its act and guaranteed a brighter future for children in bad families then there would be no issue. Kicking the can down the road, just like they’ve done with everything else.

      Reply
  • Think of the children.

    I challenge that challenge!

    How about a 90% tax on Solicitors, Barrister’s and Judges.

    They seem to be making all of the money these days!

    Reply
  • it would appear the journal comment section has well and truly been hijacked by anti establishment time to move on unfortunately!

    Reply
  • Norman
    The Supreme Court refused an injunction to stop the Referendum so it is extremely unlikely that the Yes vote will be struck down. On this basis the costs should not be awarded against the State.

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    • @Garry try reading what i wrote and not what you think i wrote.Thanks.Never mentioned an injuction just misuse of public funds in the hoping of advancing their argument.They could have used their own funds with no threat of legal action.

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    • The Supreme Court were not asked to stop the referendum Garry. They were asked if the Government was misusing public funds by funding a one sided information campaign and the SC agreed with that argument. I take it if the 2 people taking this action succeed (doubtful I think) then the 2 parties in government will refund the tax payer €1.1 million from their own party coffers (cost of their ill advised information campaign) and pay for the costs from the first challenge re misuse of public funds and this latest challenge?

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  • rediculous waste of time. zero chance this referendum will be overturned. you would have to question the legal advice these women are getting.

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  • Off they go but I have to say that I can’t see them getting anywhere with it. I also hope that in the event of an unsuccessful challenge they do not get awarded costs.

    They’d had to prove that the Government website and leaflet ALONE changed the minds of 90,000 people. That almost 10% of those who voted. Realistically that would seem to be beyond reasonable belief. While we still don’t have the full judgement of the Supreme Court decision I don’t think anything in it said that what the Government was saying in the leaftlet was inaccurate or misleading, just that it shouldn’t have used public funds to promote what it said.

    Also if the Supreme Court had the opportunity to halt the referendum if they felt the Government’s action had materially affected the vote but didn’t take that route. I doubt therefore that they would reverse that position and overturn a democratic decision of the people.

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  • The European Parliament have a say of what happens here like every other European Country ….

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  • The government should have known better than to spend gov money on a ref campaign. That’s the job of the ref commission. Individual parties can spend their money one way or the other but gov/public money is not supposed to be spent to advocate one side or the other. That said there was plenty of info out there for people to make an informed decision, take some personal responsibility people! Lastly, the No information was no challenged in court because no public money was spent on it, not because there was no flaws in their arguments. In fact the vast majority of the no arguments were completely fabricated and would not have been possible to be born out in law.

    Reply

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