Woman withdraws from referendum action

One of two women who brought a High Court challenge to the Children's Referendum has withdrawn from the case.

The High Court was told Nancy Kennelly, a resident of Abbot Close Nursing Home, Askeaton, Co Limerick did not wish to proceed with the case.

Ms Kennelly had voted Yes by post before the Supreme Court ruled some information distributed by the Government during the referendum campaign was not impartial.

A second woman, Joanna Jordan, of St Kevin's Villas, Glenageary Road Upper, Dún Laoghaire, Co Dublin, who campaigned for a No vote in the referendum, is proceeding with her challenge.

The case will not be heard until the Supreme Court issues its full judgment in the case taken by Dublin man Mark McCrystal against the use of public money for the Government's information campaign.

The Supreme Court upheld Mr McCrystal's challenge to the Government's information campaign in a ruling earlier this month.

It found "extensive passages" in the Government's information booklet and on its website about the referendum did not conform to the 1995 Supreme Court judgment in the McKenna case requiring referendums to be explained to the public in an impartial manner.

The material contained a misstatement as to the effect of the referendum, the court also found.

Ms Jordan claims the Government's use of public money to fund an unbalanced information campaign on the proposed amendment to the Constitution amounted to wrongful conduct that materially affected the outcome of the referendum.

Mr Justice Iarfhlaith O'Neill adjourned the case to January.

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