Referendums may never be the same again, argues "vindicated" McKenna

GREEN MEP Ms Patricia McKenna welcomed the Supreme Court decision but said the judgment also vindicated her own decision to challenge the Government for using public funds in the Yes campaign.

"I think it has serious ramifications for the future conduct of referendums in Ireland and it has established the principle that governments cannot intervene," she said.

Ms McKenna favoured divorce legislation and had attracted "quite a bit" of criticism from people who feared the referendum result would be overturned.

"But if that had happened, the only people to blame would have been the Government, because I had written to them before the referendum asking them not to use public funds in this way. And in fact this whole issue first arose at the time of the Maastricht referendum."

The No Divorce Campaign acknowledged yesterday's judgment rubber stamped the referendum result. But it vowed to "fight unceasingly" for a new referendum.

Campaign chairman, retired judge Mr Rory O'Hanlon, said the case had highlighted the Government's illegal funding of the Yes campaign, and its advisers' recommendation of the need to be "liberal with the truth" in campaigning for divorce.

The Irish public were tricked by a combination of improper pressure and fraud into accepting a change in the Constitution which will inflict incalculable damage on marriage, the family and Irish society in general," he said. There was now a moral obligation on all "right thinking people" to work to reverse the decision, he added.

The Minister for Social Welfare, Mr De Rossa, said the judgment removed any doubt about "the ultimate right of the people to speak through the ballot box on matters such as this".

The campaign to amend the legal and constitutional frame work to provide for the ending of marriages had been long and difficult, he said. "Today's decision now clears the way for the final step - the introduction of legislation in the Dail."

The chairwoman of the National Women's Council, Ms Noreen Byrne, hoped everyone would now focus on building support structures for families which would reduce marriage difficulties in Ireland.

It was clear the aspiration to stability in marriage was not realised by the absence of divorce: "If anything, the focus on divorce has distracted attention from investing in the services which would assist couples resolve difficulties early.

The NWCI would continue to campaign for more emphasis on education for young people in and family responsibilities and for increased investment in counselling and mediation services, she added.

The Progressive Democrats' spokeswoman on law reform, Ms Helen Keogh, said the judgment, would come as a great relief to the thousands of Irish people whose marriages had irretrievably broken down. She called for the swift introduction of "compassionate and tolerant" divorce legislation.

The court's decision should not lead advocates of the Yes vote to complacency, Democratic Left Minister of State, Ms Liz McManus, warned. "The challenge confronting us now is to heal the divisions which emerged during the course of the referendum debate last year, and to ensure that all the necessary support services are put in place to enable people to deal with the painful reality of marital breakdown," she said.

The Labour MEP, Ms Bernie Malone, urged the Government to introduce, the necessary legislation as quickly as possible.

The Anti Divorce Campaign paid tribute to the courage of Mr Des Hanafin in bringing the case, but accepted "with regret" that the 1995 divorce amendment was the law of the land.

"All who value the democratic process should acknowledge that the public interest was served by having the doubts hanging over the 1995 result considered by the courts in a calm and dispassionate manner, the campaign said.

The Catholic Press Office, in a statement, said the Bishops' Conference summer meeting ended yesterday before the judgment could be discussed. The bishops would return to the issue to make a "considered statement" on the sanctity of marriage in the light of the introduction of divorce.

The CPO also repeated the bishops' statement made at the time of the referendum, which said the proposed change affected only the civil law.