skip to main content

Judgment does not affect 'substance' of referendum, says Leo Varadkar

Frances Fitzgerald said her department intended to comply with the McKenna principles
Frances Fitzgerald said her department intended to comply with the McKenna principles

Transport Minister Leo Varadkar has said the Government takes responsibility for the fact that the Supreme Court found its spending of public money on an information campaign on the Children's Referendum was not fair, impartial or equal.

However, Mr Varadkar said the judgment did not affect the substance of the referendum itself, which will go ahead tomorrow.

Speaking on RTÉ's Morning Ireland, he said the Supreme Court had explicitly said that the referendum should not be injuncted.

The court held that information in leaflets and on a website did not conform to the required principles laid down by the McKenna Judgment.

The minister said that the Government had sought legal advice from the Attorney General's office on the matter.

"Obviously that advice was wrong, but legal advice can be wrong," he said.

Mr Varadkar said there was no question mark over the Attorney General's future as a result. "The Government is collectively responsible," he said.

Solicitor and No campaigner Malachy Steenson said the Constitution was undermined and the Government could have introduced emergency legislation today to deal with the issue.

Five Independent TDs have called on the Government to introduce such legislation to postpone tomorrow's poll, saying the result would be tainted.

Fianna Fáil and Sinn Féin have called for a Yes vote in the referendum.

Last night, Minister for Children Frances Fitzgerald said her department acted in good faith in preparing the Government's information material for the referendum.

Ms Fitzgerald said it had acted with the best intention to ensure compliance with the McKenna principles.

The Supreme Court is to publish full details of the judgment on 11 December.

A moratorium on broadcasters covering the referendum came into effect at 2pm.

Voting will take place around the country between 9am and 10pm tomorrow.