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Goverment breking rules in Referendum

  • 08-11-2012 1:04pm
    #1
    Closed Accounts Posts: 3,775 ✭✭✭


    The Supreme Court have ruled that two million leaflets distributed by the government and a website run by the government have broken the rules by being biased in facour of a yes vote in the Childrens Referendum.
    Even if they win now the result must surely be tainted and subject to legal challenge.
    http://www.rte.ie/news/2012/1108/childrens-referendum-court.html


«1

Comments

  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    The principles prohibit the use of public funds to promote a particular outcome in a referendum.

    In this case who pays for all those piece of shít signs that go up on lamp posts anytime a referendum comes up?


  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    In this case who pays for all those piece of shít signs that go up on lamp posts anytime a referendum comes up?
    Interested parties pay for that, not the government.


  • Registered Users, Registered Users 2 Posts: 925 ✭✭✭okedoke


    Poster breking spelling rules in title!


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Interested parties pay for that, not the government.
    But where do the parties get their money from? It's not all private donations surely?


  • Registered Users, Registered Users 2 Posts: 6,551 ✭✭✭SeaFields


    No side broke the rules when they got Dana on board


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  • Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭My name is URL


    Does this open up the possibility that the outcome of the referendum could be challenged or overturned? What a clusterfcuk by the government.. again.


  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    In this case who pays for all those piece of shít signs that go up on lamp posts anytime a referendum comes up?

    Posters are paid for by the political parties, so it isn't coming directly out of public funds.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Does this open up the possibility that the outcome of the referendum could be challenged or overturned? What a clusterfcuk by the government.. again.
    No, this is a matter of misuse of government funds more than anything else. The government is entitled to campaign for a yes vote, doing so is not prohibited. The funding just cannot come from state coffers.

    The information distributed by RefCom is still fine and has not been challenged, so there's still an unbiased government agency providing unbiased information on it.

    If the RefCom leaflet has been declared biased, then there would be trouble.


  • Registered Users, Registered Users 2 Posts: 1,707 ✭✭✭pablohoney87


    seamus wrote: »

    If the RefCom leaflet has been declared biased, then there would be trouble.
    It has


  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    Does this open up the possibility that the outcome of the referendum could be challenged or overturned? What a clusterfcuk by the government.. again.
    It certainly does. They might as well cancel it now


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  • Closed Accounts Posts: 7,410 ✭✭✭bbam


    This is another epic ****up by the government further proving their inability to do a good job on even the simplest tasks. A yes vote was surely in the bag on this Referrendum, but now there may be a protest vote or a challenge after a yes vote.
    Surely this is a major failure from the office of the Attorney General?

    I had low expectations for this government, and they are failing to meet that even. :(


  • Registered Users, Registered Users 2 Posts: 3,199 ✭✭✭CardBordWindow


    They all need a good paddling. Any volunteers? :D


  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    I wonder what the "European of the Year" will have to say about latest gubberment ****up?


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    It has
    As far as I can tell, this relates to the info distributed by the Dept of Children and childrensreferendum.ie, not the RefCom stuff.


  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    seamus wrote: »
    As far as I can tell, this relates to the info distributed by the Dept of Children and childrensreferendum.ie, not the RefCom stuff.
    Just read the the Ruling and you are right, however in view of the fact that the Government distributed 2,000,000 of the booklets and ran a website, with a total spend of €1.1 , it has to be argued that they have seriously tainted the result of the poll.
    Hopefully the result will be ruled void because of this anti-democracy exercise by Inda and Eamo!


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Just read the the Ruling and you are right, however in view of the fact that the Government distributed 2,000,000 of the booklets and ran a website, with a total spend of €1.1 , it has to be argued that they have seriously tainted the result of the poll.
    Hopefully the result will be ruled void because of this anti-democracy exercise by Inda and Eamo!
    There's not really any scope in law to declare a result void because one of the campaigns broke the law or spent more money than the others.
    The only scenario I could see that occurring in is if it could be shown that the population were not provided with an unbiased source of information.
    Since the RefCom info is still sound, then I don't believe this referendum can be challenged after the fact. I could be wrong of course.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭CruelCoin


    Interested parties pay for that, not the government.

    Labour pay for labour signs, part of government, derp.


  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    CruelCoin wrote: »
    Labour pay for labour signs, part of government, derp.

    A political party spending its funds on something does not equate to a body it is elected to spending its funds on it.


  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    Just read the the Ruling and you are right, however in view of the fact that the Government distributed 2,000,000 of the booklets and ran a website, with a total spend of €1.1 , it has to be argued that they have seriously tainted the result of the poll.
    Hopefully the result will be ruled void because of this anti-democracy exercise by Inda and Eamo!

    all parties in most elections and referenda produce and circulate biased material

    the issue here is how it was funded


  • Closed Accounts Posts: 15,515 ✭✭✭✭admiralofthefleet


    SeaFields wrote: »
    No side broke the rules when they got Dana on board

    feck, i was voting No til i saw that religious freak was on board. might spoil now


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  • Closed Accounts Posts: 2,611 ✭✭✭Valetta


    .
    Hopefully the result will be ruled void because of this anti-democracy exercise by Inda and Eamo!

    This would be the same as having a "no" result.

    Is this what you want?


  • Closed Accounts Posts: 6,653 ✭✭✭Ghandee


    This govt just keep giving and giving.

    How much more eff ups will it take before they go bye bye?


  • Closed Accounts Posts: 7,410 ✭✭✭bbam


    Ghandee wrote: »
    This govt just keep giving and giving.

    How much more eff ups will it take before they go bye bye?

    To let who in?
    Do we have any viable party or combination of parties who could do a better job? This is another example of why politics in Ireland is dead, a lost cause.


  • Closed Accounts Posts: 6,653 ✭✭✭Ghandee


    bbam wrote: »
    To let who in?
    Do we have any viable party or combination of parties who could do a better job? This is another example of why politics in Ireland is dead, a lost cause.

    Direct rule from Germania.

    They seem to be pulling the strings as it is.


  • Closed Accounts Posts: 6,653 ✭✭✭Ghandee


    Valetta wrote: »
    This would be the same as having a "no" result.

    Is this what you want?

    I honestly haven't decided how I'll vote yet.

    However, if now the govt have been found to be unfairly giving a one sided campaign, how can any result be deemed a fair result?

    Like their predecessors, its only fair if its what they want.


  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    Ghandee wrote: »
    I honestly haven't decided how I'll vote yet.

    However, if now the govt have been found to be unfairly giving a one sided campaign, how can any result be deemed a fair result?

    Like their predecessors, its only fair if its what they want.

    every side gives a one-sided campaign!

    as above, the only issue is about using Public funds


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 93,583 Mod ✭✭✭✭Capt'n Midnight


    http://www.rte.ie/news/2012/1108/childrens-referendum-court.html
    t granted a declaration that the State acted wrongfully in spending public money on the website, information booklets and advertisements in relation to the referendum.

    However, it did not grant an injunction as the court assumed the State will stop distributing and publishing the material.

    ...
    The full reasons for the decision will be given next month.

    The link to the Children's Referendum website, www.childrensreferendum.ie, is no longer active.


  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    Valetta wrote: »
    This would be the same as having a "no" result.

    Is this what you want?
    Since the Government have illegally sought to influence the outcome of the poll, then yes, a declaration that the result is invalid is what I want.
    It would appear that there are grounds to challange the result because of the the level of illegal spending by the government in pursuit of its desired outcome.


  • Registered Users, Registered Users 2 Posts: 6,973 ✭✭✭SafeSurfer


    I am delighted with the Supreme Court decision.

    I have always thought that even the naming of referendums was partisan.

    Why are the government allowed to call something

    The Stability Referendum or The Children's Referendum, which have overtly positive connotations.

    Why not call it the 43rd amendment to the constitution or whatever?

    Multo autem ad rem magis pertinet quallis tibi vide aris quam allis



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  • Registered Users, Registered Users 2 Posts: 6,973 ✭✭✭SafeSurfer


    Since the Government have illegally sought to influence the outcome of the poll, then yes, a declaration that the result is invalid is what I want.
    It would appear that there are grounds to challange the result because of the the level of illegal spending by the government in pursuit of its desired outcome.

    The government have stated that the referendum will proceed.

    However the result of the referendum is likely to be the subject of a legal challenge given today's ruling. If any such challenge would succeed is a different matter, in my opinion it would not.

    Multo autem ad rem magis pertinet quallis tibi vide aris quam allis



  • Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    SafeSurfer wrote: »
    I am delighted with the Supreme Court decision.

    I have always thought that even the naming of referendums was partisan.

    Why are the government allowed to call something

    The Stability Referendum or The Children's Referendum, which have overtly positive connotations.

    Why not call it the 43rd amendment to the constitution or whatever?

    They only called it today because "Flags for orphans" was taken.


  • Registered Users, Registered Users 2 Posts: 6,973 ✭✭✭SafeSurfer


    Riskymove wrote: »
    every side gives a one-sided campaign!

    as above, the only issue is about using Public funds


    No. There is the issue of incorrect and misleading information in the booklet as well.

    Multo autem ad rem magis pertinet quallis tibi vide aris quam allis



  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    SafeSurfer wrote: »
    No. There is the issue of incorrect and misleading information in the booklet as well.

    nope

    the report says the Court found one "misstatement" it does not say anything about misleading information and it does not suggest any consequences for this.

    it is about the material being biased and funded by public money - it is clearly the reason for the judgement if you read it. The McKenna judgment is about public funding of one-sided campaigns

    all sides in any referenda or election bring out biased information and in many cases "incorrect and misleading" info

    I have yet to hear of any being declared void because of this


  • Registered Users, Registered Users 2 Posts: 6,973 ✭✭✭SafeSurfer


    Riskymove wrote: »
    nope

    the report says the Court found one "misstatement" it does not say anything about misleading information and it does not suggest any consequences for this.

    it is about the material being biased and funded by public money - it is clearly the reason for the judgement if you read it. The McKenna judgment is about public funding of one-sided campaigns

    all sides in any referenda or election bring out biased information and in many cases "incorrect and misleading" info

    I have yet to hear of any being declared void because of this

    The full text of the supreme court decision will be released tomorrow.

    My understanding is that this misstatement is misleading and leads people to draw incorrect conclusions about the effects of the change in the constitution. The misstatement centred around the use of the word "contunues" This was the point of view expressed on RTE's the news at one this afternoon.

    Multo autem ad rem magis pertinet quallis tibi vide aris quam allis



  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    Riskymove wrote: »
    nope

    the report says the Court found one "misstatement" it does not say anything about misleading information and it does not suggest any consequences for this.

    it is about the material being biased and funded by public money - it is clearly the reason for the judgement if you read it. The McKenna judgment is about public funding of one-sided campaigns

    all sides in any referenda or election bring out biased information and in many cases "incorrect and misleading" info

    I have yet to hear of any being declared void because of this
    From the actual Ruling:



    The Court has concluded that it is clear that there are extensive passages in the booklet and on the website which do not conform to the
    [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]McKenna [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]principles. This material includes a misstatement, now admitted to be such, as to the effect of the Referendum.


    The Government are phohibited by law from spending public funds in pursuit of a particular result.


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  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    From the actual Ruling:



    The Court has concluded that it is clear that there are extensive passages in the booklet and on the website which do not conform to the
    [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]McKenna [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]principles. This material includes a misstatement, now admitted to be such, as to the effect of the Referendum.


    The Government are phohibited by law from spending public funds in pursuit of a particular result.


    well exactly, thats my point

    lots of the material does not meet McKenna principles - i.e. it is one-sided and funded by public money

    there also happens to be one misstatement in it - a seperate issue


  • Closed Accounts Posts: 2,056 ✭✭✭tan11ie


    It's an absolute joke! the voting shouldn't take place on Saturday.





    http://www.newstalk.ie/2012/news/tds-call-for-childrens-referendum-to-be-postponed/


  • Closed Accounts Posts: 31,967 ✭✭✭✭Sarky


    You don't trust yourself to make an informed decision? Has their campaign had some sort of subliminal effect on you to rob you of your will?


  • Closed Accounts Posts: 2,056 ✭✭✭tan11ie


    Sarky wrote: »
    You don't trust yourself to make an informed decision? Has their campaign had some sort of subliminal effect on you to rob you of your will?

    Is this for me? if so I made up my mind already, today's findings don't surprise me in the slightest ...it's to be expected from them at this stage.

    1.1 million eh, ah sure who cares the government will do as they please when they please and continue to get away with it as per usual.



  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    it should be called off, a court has already ruled, all one sided, and for my tuppence, i was thinking of abstaining anyway,


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  • Registered Users, Registered Users 2 Posts: 1,292 ✭✭✭lightspeed


    Is it not an issue that people on the aran islands have already voted today on this referendum ?

    Its quite ridiclous that on the same day that the supreme court has ruled that government spending on the issue did not conform to the McKenna judgement, people have already began voting.

    According to RTE the Supreme Court did not order an injuction as it assumed that the state would stop distributing the bias material. How can this not be too little and too late when there are some people who have already voted on the referendum and the rest of the population will be voting on Saturday.

    What a disgrace to democracy.


  • Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭My name is URL




  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    If as shown this government cannot be trusted with how public funds are spent how can they be trusted with greater powers concerning the wellbeing of children.


  • Registered Users, Registered Users 2 Posts: 1,903 ✭✭✭Napper Hawkins


    Newsflash! Irish government makes a dogs mickey of something! Millions drunk!


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    Was the fact checking and rule following allowance removed? God bless those civil servants,


  • Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    We had the same level of distrust during the Lisbon referendum.


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    These are the cunts that are supposed to to look after our children then.........

    They fuck up, then charge you for it.
    Monkeys.


  • Closed Accounts Posts: 3,775 ✭✭✭Death and Taxes


    mikom wrote: »
    These are the cunts that are supposed to to look after our children then.........

    They fuck up, then charge you for it.
    Monkeys.
    What have you got against monkeys?
    Monkeys are intelligent and caring creatures, neither of which could be said about this shower of arrogant, power hungry, and scheming fraudsters!


  • Closed Accounts Posts: 353 ✭✭jesse pinkman


    How comes it takes an engineer to recognise then do anything about this misappropriation of public funds, why did no-one in the media (whose job it is) cop what was going on here?


  • Registered Users, Registered Users 2 Posts: 18,159 ✭✭✭✭phasers


    Sure nobody reads those things anyway


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