In accordance with standing procedure, 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. It is for other Departments to bring the information to the attention of the relevant bodies under the aegis, as required.
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 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.
Guidance has issued to all staff in the Department of the Taoiseach and NESDO, the only public body under the Department’s aegis, highlighting the implications of relevant court judgments for the upcoming Referendums. The Department does not provide grant-funding to charities or non-governmental organisations.
