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High Court Challenge launched on State Campaign Funding


Omaha

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Seeing as how my thread on this topic has mysteriously disappeared, it's time for an update on the High Court Challenge which is being heard this evening:

Children's Referendum challenge to be heard today | Breaking News News - eircom.net


on 30/10/2012 12:42:12
A High Court challenge to the Children's Referendum is going ahead this afternoon.

Mark McCrystal, an engineer from Kilbarrack, Dublin, claims the Government is distributing a booklet that is designed to influence the electorate in favour of a Yes vote in the November 10 referendum.

Mark McCrystal says the Government is spending €1.1m of public money on what he claims is a one-sided information campaign.
Delay, delay, delay seems to be the tactic and who is this "Independent" observer?
 
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Ulster-Lad

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Most all if not all the pamphlets have already gone out. Too late I am afraid.
 

Ulster-Lad

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I will answer your question with a question. I hate that BTW.

What do you think adequate redress would be here?? What will make this situation right now??
 

Omaha

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I will answer your question with a question. I hate that BTW.

What do you think adequate redress would be here?? What will make this situation right now??
If the challenge is successful that will be up to the court to decide.
 

Ulster-Lad

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If the challenge is successful that will be up to the court to decide.
The point is that the referendum is in 2 weeks time. I don't see that changing.

Do you really think they are going to publish another booklet??
 

statsman

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I will answer your question with a question. I hate that BTW.

What do you think adequate redress would be here?? What will make this situation right now??
Might it not be better to discuss the question of possible redress after the decision is made?
 

bob3367

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So he wants a NO vote, isnt going to get one, and brings his hissy fit to the courts.....

Who pays for this?
 

statsman

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That link is to the plaintiff's case, not a ruling.
 

davidcameron

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So he wants a NO vote, isnt going to get one, and brings his hissy fit to the courts.....

Who pays for this?
It's not a hissy fit. He believes that the Yes side is being given an unfair advantage. Patricia McKenna took such a case in 1995 and was proved right. Neither side should receive State funding.
 

Aindriu

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I think both the leaflet and TV ads are giving out a detectable subliminal 'vote yes' message. I will definitely vote no as I feel that this substituting the state for the RCC. Do we want to be in a situation where children can be removed and forcibly adopted? It is pretty draconian.
 

Half Nelson

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If the booklet is illegal then so too is the spending and the individuals behind its distribution become personally liable for refunding the money to the state.
 

Omaha

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The point is that the referendum is in 2 weeks time. I don't see that changing.

Do you really think they are going to publish another booklet??
If the government has spent 1.1m on a one sided campaign in contravention of the Coughlan Judgement then that fact alone would show the government acting outside of it's powers. In a referendum where Government powers are being questioned with regards to our children, there is no doubt that a successful challenge would have an influence on people's voting intentions; booklet or no booklet.
As stated earlier it's up to the courts to decide the redress if there is a finding against the government.
 

statsman

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If the booklet is illegal then so is the spending and the individuals behind its distribution become personally liable for refunding the money to the state.
They are agents of the state; I doubt any such personal liability actually exists.
 

Half Nelson

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They are agents of the state; I doubt any such personal liability actually exists.
It existed in the McKenna case but was conveniently sidestepped by those responsible for recouping the money. There's still a bill of half a million punts outstanding.
 

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