The Department of the Taoiseach issues guidance to all Ministers and Government Departments in respect of the application of the principles of the various Court judgments relevant to the Government’s role in referendum campaigns (these are generally referred to as the ‘McKenna/McCrystal principles’). The guidance note is based on advice received from the Attorney General’s Office.
In short summary, these principles require that any information disseminated by the Government or any agencies or bodies involving the use of public funds must be equal, fair, impartial and neutral, and the Government is not entitled to spend public money for the purpose of promoting a campaign for a particular outcome. It is for Departments to bring the information to the attention of relevant bodies under their aegis, and in this regard my Department disseminated such guidance to the bodies under the remit of my Department in December 2023 and January 2024.
It is the responsibility of An Coimisiún Toghcháin, under Chapter 5, Part 2 of the Electoral Reform Act 2022, to provide a general explanation of the subject matter of the proposals for the referendums and to promote public awareness and encourage voting at the referendums.