The government is to consider means of negating the McKenna judgement on the funding of referendum campaigns amid ministerial annoyance at restrictions imposed by the 1995 court decision.
The Taoiseach and several Ministers publicly expressed irritation at the rules following the relatively high 38 per cent vote against the Amsterdam Treaty. They also expressed frustration at the requirement that the broadcast media be even-handed in their coverage and allocation of broadcasting time to each side.
However, campaigners against the treaty hailed the high No vote as proof that voters distrust their political leaders and are increasingly sceptical about European integration.
The Tanaiste, Ms Harney, said last night that the Constitution might have to be amended to negate what she believes are the overly restrictive rules about the conduct of referendum campaigns. "It is unsatisfactory that spurious arguments have to be put forward in the interests of balance, and some way must be found to tackle this issue."
She said she believed the Government would now review the way in which campaigns were conducted.
Mr Ahern said he acknowledged the need to revisit the Government's interpretation of the McKenna judgement and the remit of the Referendum Commission. He insisted, however, there was no shortage of information available to the voters on the Amsterdam Treaty, and paid tribute to the Referendum Commission for doing a good job in difficult circumstances.
The judgement bars the Government from funding just one side in any constitutional referendum. The Government's response to this was to set up the Referendum Commission to publicise the Yes and No arguments, rather than to fund separate Yes and No campaigns.
A judgement obtained by anti-Amsterdam campaigner Mr Anthony Coughlan during the recent campaign obliged RTE to allocate uncontested broadcasts evenly to the Yes and No side. RTE's response to this was to allocate no uncontested broadcasts at all.
There is considerable support among ministers for a reinterpretation of the judgement or a challenge to it in the courts. They argue that it imposed unreasonable constraints on the campaign.
The director of Fianna Fail's pro-Amsterdam campaign, the Minister for Education, Mr Martin, described as "absolutely ridiculous" the inhibiting effect on local radio of the often-impossible requirement to balance every "pro" speaker with an "anti".
He said it was also anomalous for an official body like the Referendum Commission to publish arguments that were patently false, such as the suggestion that church involvement in schools might be affected by the treaty or that its passage might lead to gay adoptions.
The Minister for Foreign Affairs, Mr Andrews, said that giving two contradictory answers to questions on one piece of paper, as the Referendum Commission had done, was confusing. He said the commission had done valiant work in difficult circumstances.