Equal airtime in referendums to be reviewed

A REVIEW of the framework governing the referendum process will examine whether both sides of any referendum should be entitled…

A REVIEW of the framework governing the referendum process will examine whether both sides of any referendum should be entitled to equal television and radio time.

The Oireachtas Joint Committee on the Constitution said yesterday as part of its review it would examine the Supreme Court decision in the Coughlan case, in which the court ruled that both the Yes and No campaigns in any referendum must be allowed the same airtime.

Committee chairman Seán Ardagh TD said the review was not a reaction to the rejection of the Lisbon Treaty, though the result would be one of the catalysts.

The committee would examine "as expeditiously as possible" how information is imparted to the public during referendum campaigns. Leading constitutional lawyer Gerard Hogan is to assist the review.

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It will look at referendum procedure as laid down by the Constitution and examine the rules that apply to referendum campaigning in other EU countries. It will examine whether referendums are constitutionally required or if a supra-majority of both Houses of the Oireachtas could change the Constitution.

It will also look at the effect of court judgments on the process, including the implications and consequences of the ruling in the Coughlan case in 2000. The case followed legal challenge by Anthony Coughlan regarding the 1995 divorce referendum.

Mr Coughlan complained to the Broadcasting Complaints Commission that RTÉ allocated four times as much broadcasting time to the Yes side as the No side in airing party political broadcasts. The matter reached the Supreme Court, which ruled the time should be divided equally.

The committee called for submissions from all interested parties and said they would contact various groups in advance of a series of public hearings. The first public consultation meeting will be held on November 11th.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist