Byrne -v- Ireland & ors [2018] IEHC 437 (20 July 2018)

Byrne -v- Ireland & ors [2018] IEHC 437 (20 July 2018)

Applicant failed to adduce prima facie evidence of any irregularity or wrongdoing under s.43 of the Referendum Act 1994, nor any evidence of material affect on the result of the referendum as a whole. The Referendum Commission's publications were not manifestly inaccurate or misleading, and Government ministers are constitutionally entitled to campaign for a Yes vote. No leave to present a petition is justified.

Citation
[2018] IEHC 437
Parties
Applicant: Charles Byrne; Respondent: Ireland; Respondent: The Attorney General; Respondent: The Referendum Returning Officer; Respondent: The Referendum Commission
Jurisdiction
Ireland
Judgment Date
20 July 2018
Procedural Posture
Application for Leave to Present Referendum Petition / Leave Application (preliminary Threshold)
Outcome
Leave to present referendum petition refused
Legal Topics
Referendum Challenge, Government Conduct in Referendum, Referendum Commission Obligations, Material Affect Threshold, Freedom of Expression in Referendum, Misleading Information in Referendum
Constitutional Law Electoral Law Administrative Law Referendum Challenge Government Conduct in Referendum Referendum Commission Obligations Material Affect Threshold Freedom of Expression in Referendum +1 more

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Parties

Charles Byrne

Applicant

Ireland

Respondent

The Attorney General

Respondent

The Referendum Returning Officer

Respondent

The Referendum Commission

Respondent

Procedural Posture

Application for Leave to Present Referendum Petition / Leave Application (preliminary Threshold)

Legal Issues

  1. 1 Whether applicant demonstrated prima facie evidence of irregularity or wrongdoing under s.43 of the Referendum Act 1994
  2. 2 Whether alleged irregularities materially affected the result of the referendum as a whole
  3. 3 Whether Government ministers are constitutionally prohibited from campaigning for a Yes vote in a referendum removing rights

Ratio Decidendi

Applicant failed to adduce prima facie evidence of any irregularity or wrongdoing under s.43 of the Referendum Act 1994, nor any evidence of material affect on the result of the referendum as a whole. The Referendum Commission's publications were not manifestly inaccurate or misleading, and Government ministers are constitutionally entitled to campaign for a Yes vote. No leave to present a petition is justified.

Court Disposition

Leave to present referendum petition refused

Orders

  • Leave to present referendum petition refused
  • No further orders