The court held that the information in leaflets and on a website did not conform to the required principles laid down by a landmark judgment, known as the McKenna judgment.
The principles prohibit the use of public funds to promote a particular outcome in a referendum.
The court ruled that extensive passages in the booklet and on the website did not conform to these principles. The material also included a misstatement.
It granted a declaration that the State acted wrongfully in spending public money on the website, information booklets and advertisements in relation to the referendum.
However, it did not grant an injunction as the court assumed the State will stop distributing and publishing the material.
The case was taken by Mark McCrystal of Kilbarrack Road in Dublin who claimed the Government was wrongly using €1.1m of public funds to promote a Yes vote, something which was not allowed under the McKenna Judgment.
The Government had denied the information campaign was biased towards a Yes vote.
The case was given priority by the Supreme Court as the referendum takes place on Saturday.
The full reasons for the decision will be given next month.
Government to review ruling
Minister for Justice Alan Shatter said the Government has to view the detailed reasoning of the Supreme Court, which will be available on 11 December.
Speaking on RTÉ's News at One, Mr Shatter said "it seems there is a very narrow dividing line between government being entitled to give information, to have a right and duty, and being constrained in the manner in which it does this".
However, he said the substance of the referendum proposal is not affected by today's ruling.
Meanwhile, journalist and No campaigner John Waters has said that the Children's Referendum would be a "breach of natural justice" following the ruling.
Speaking on the same programme, Mr Waters said the Government had misappropriated public money in breach of the McKenna Judgment, and if there was a Yes vote, it would be "contaminated".
He added that in seeking to change the Constitution, the Government had behaved unconstitutionally.
Anda sedang membaca artikel tentang
Supreme Court allows referendum bias case appeal
Dengan url
http://newsdeadlineup.blogspot.com/2012/11/supreme-court-allows-referendum-bias.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
Supreme Court allows referendum bias case appeal
namun jangan lupa untuk meletakkan link
Supreme Court allows referendum bias case appeal
sebagai sumbernya
0 komentar:
Posting Komentar