Man seeks injunction over information bias in Children’s Referendum campaign
rte news -
The action has been brought by Mark McCrystal, who claims the Government has been using material in its information campaign that is not neutral.
He claims it is designed, intended and likely to promote a particular outcome in the 10 November referendum.
Mr McCrystal is an engineer from Kilbarrack Road, Dublin 5.
He has brought proceedings against the Minister for Children and Youth Affairs, the Government of Ireland, the Irish State and the Attorney General.
Mr McCrystal claims that the State is in breach of a 1995 judgment by the Supreme Court, known as the McKenna decision.
The McKenna decision held that referenda should be explained to the public in an impartial manner.
He says that he has no objection to the state arguing for a Yes vote, but only by means that do not involve the expenditure of public money.
In his action, Mr McCrystal is seeking a number of injunctions.
The first is to restrain the State from spending public money on websites and booklets for the purpose of promoting a particular result in the forthcoming referendum on the Thirty-First Amendment of the Constitution (Children) Bill 2012.
The second is to stop the State from representing information to the public which he claims is designed to promote a particular result in the 10 November referendum and stop the distributing the proposed Government booklet about the referendum until his action has been determined.
He is also seeking orders requiring the State to disclose to him the text of a proposed Government booklet, due to be posted to citizens about the referendum in the coming days.
He further wants all material relating to the development and drafting of the website ‘childrensreferendum.ie’ and the booklet, as well as records showing the total cost of the booklet and website.
Richard Humphreys, SC for Mr McCrystal, told the court his client was bringing the action arising out of the use of what his client believed was one-sided material on what was a Government website.
€1.1m was to be spent on the Government’s information campaign, counsel added.
Mr Humphreys said that there was an urgency about the matter, as distribution of the booklets about the referendum is due to start soon.
Mr Humphreys accepted that his client was not aware of the contents of the booklet.
However, Mr McCrystal was apprehensive that, like the website, the booklet will contain material that promotes a certain position.
This evening at the High Court, Mr Justice Roderick Murphy granted Mr McCrystal permission to serve notice of his proceedings against the State.
As the application was made ex-parte, the judge said he was declining to grant Mr McCrystal injunctions in the absence of the State parties.
Justice Murphy added that was not satisfied the application at this stage was sufficiently urgent to merit the granting of an injunction.
He also noted that some of the material on the website complained of by McCrystal has been removed.
read more – rte news
2012-10-21 13:00:50
Source:
