Chairman of the Oireachtas health committee Jerry Buttimer has confirmed that plans for committee members to gather "as individuals" for a photocall this afternoon to promote a Yes vote in the children's rights referendum have been rescheduled and will now take place later in the week.
The event, at which members of the cross-party committee were to advocate a Yes vote "as individuals", was rescheduled following legal advice. The photocall will now be held on Thursday at 1.30pm.
An earlier event was cancelled for fear of contravening the 1995 Supreme Court McKenna judgment which ruled taxpayers' money could not be used to promote one side in a referendum.
Minister for Justice Alan Shatter expressed frustration yesterday at the application of the McKenna judgment after the initial photocall by a committee of politicians promoting a Yes vote in the children's rights referendum was cancelled by the Oireachtas.
Mr Shatter said the judgment did not constrain an Oireachtas committee’s members from collectively urging a Yes or a No vote.
“This is stretching the application of this judgment to a degree that would completely undermine the doctrine of the separation of powers and would violate the constitutional right of freedom of expression,” he told The Irish Times. “Oireachtas members who have expertise in the area should be able to collectively use that expertise to assist people to make a decision on this important referendum proposal.”
The Minister said it was a “complete nonsense” that the committee members felt they could only gather as individuals because of an interpretation of the McKenna judgment.
He stressed he was not criticising the committee members, or any individual, for they were clearly acting on advice.
Mr Shatter warned the extent to which the judgment was being applied could “contaminate normal participation in the democratic process” and suggested the judgment might be revisited “in the courts at a future date”.
The Oireachtas communications unit announced early yesterday that Minister for Children Frances Fitzgerald would join committee chairman Jerry Buttimer and a group of TDs and Senators from the committee at a photocall “to call for [a] Yes vote” in Merrion Square, Dublin, at 2.30pm today.
The event was cancelled after David Cochrane, Communities Editor at The Irish Times, tweeted to the Oireachtas News account: “hi guys, why are you promoting a photocall for the Yes side? Are you guys deliberately ignoring the law, or unaware of it?”
In response, head of communications at the Houses of the Oireachtas Mark Mulqueen tweeted: “Yes, that photocall is potentially in breach and so will be cancelled. Thanks.”
However, Mr Buttimer has now confirmed committee members will meet at 1.30pm on Thursday in the same place, “as individuals”.
The referendum on Saturday, November 10th, has the support of all parties in the Oireachtas.
