McKenna judgment on referendum coverage a nonsense, says Flanagan

FINE GAEL chairman Charlie Flanagan has described the McKenna judgment, which obliges broadcasters to give equal time to both sides in referendums, as “a nonsense”.

The upcoming children’s rights referendum is expected to be supported by all parties in the Dáil, prompting some concern in Government circles about the amount of airtime that will have to be given to opponents.

The referendum is due to be held in the autumn. The McKenna judgment arose from a 1995 Supreme Court ruling that taxpayers’ money cannot be used to promote one side in a referendum.

“The equal entitlement to the airwaves and a prohibition on Government spending money could disproportionately influence the referendum campaign,” Mr Flanagan said.

“The likelihood is all parties will support it yet there’s a 50/50 requirement which is out of sync with the democratic assembly.” Mr Flanagan described the situation as “a pair of handcuffs” on the Government. “It’s a nonsense that a Government puts a decision before the people and can’t advocate a Yes vote. The Government only has public money, and it can’t spend public money on a campaign.” He recently submitted a parliamentary question to Minister for the Environment and Local Government Phil Hogan asking if any legislative initiative was planned as a consequence of the McKenna judgment.

Mr Hogan said he did not intend taking action in the area for the time being. “I have no plans at present to amend the Referendum Acts as a consequence of the ‘McKenna’ judgment,” he said.

Fianna Fáil TD Dara Calleary said the referendum will be “hijacked by people campaigning on issues which have nothing to do with it”.