A leading group campaigning against the Lisbon Treaty yesterday made a formal complaint to the State's ethical watchdog alleging "illegal use" of taxpayers' money by the Government.
Libertas wrote to the Standards in Public Office Commission (Sipo) requesting it to launch an immediate investigation into a website established by the Department of Foreign Affairs.
In yesterday's letter to Sipo - a copy of which has been seen by The Irish Times - Libertas's executive director Naoise Nunn claims that the website breaches the ruling of the Supreme Court in the Patricia McKenna case from 1995. That judgment restrained the use of public funds for the purposes of promoting a particular side in a referendum debate.
A spokesman for Libertas last night said that the group was also considering initiating a legal challenge against the website in the High Court on the basis of the McKenna judgment. He said that a decision on legal action would be taken in two or three weeks.
Mr Nunn wrote in the letter that the website, www.reformtreaty.ie, presented itself as an information website but that its content suggested otherwise.
"If fact, it actively promotes the 'Yes' side of the debate on the Lisbon Treaty in a political and partisan manner in contravention of the McKenna judgment of the Supreme Court," he wrote.
Citing the main press release on the website, Mr Nunn argues that its claim that the treaty strikes a "good balance" between economic imperatives and social justice was a political and value-laden judgment.
However, the Department of Foreign Affairs last night rejected the claims, pointing out that the website contained comprehensive information about the Lisbon Treaty, including the full text of the treaty document.
In a short statement, the department said the press release "simply clarifies the meaning on one particular article of the treaty", something which it claimed was entirely appropriate.
Libertas also criticised what it described as a direct attack by the website on the group's founder, the Galway-based businessman Declan Ganley.
The website carries a press release issued by the Minister of State for EU Affairs Dick Roche which claims that Mr Ganley has "misrepresented" the treaty.
A spokesman for Sipo said that the commission had yet to evaluate the complaint. He said that the commission could only inquire into matters that related to alleged actions or omissions by named office holders, rather than Government or institutions. As a consequence, it is uncertain if the complaint falls within the remit of the commission.
Separately, Mr Roche yesterday warned that if Ireland voted against the Lisbon Treaty in the referendum later this year, it would force the European Union into inertia.
"Either we allow Europe to reform its decision-making procedures so that it can meet the new political challenges of the 21st century or we force the union that has served us so well to just stand still, operating under very restrictive and cumbersome rules," he said.
In direct criticism of Sinn Féin and other treaty opponents, he said that the significant expansion of the EU from six to 27 members showed how successful a project it had become.
However, Mr Nunn rejected that contention. "Minister Roche's statement would have the people of Ireland believe that they face a choice between a European Union that stagnates, or undergoes some kind of glorious reform. This is utter nonsense," he said.
No date has been decided for the referendum but there is speculation that Taoiseach Bertie Ahern favours a date in late May.
