McCrystal -v- The Minister for Children and Youth Affairs & Ors [2012] IEHC 419 (01 November 2012)

McCrystal -v- The Minister for Children and Youth Affairs & Ors [2012] IEHC 419 (01 November 2012)

The Court found that the Government's campaign materials were neutral, balanced, and primarily aimed at informing the public about the referendum. There was no clear disregard of constitutional restraints or manifest solicitation to vote in a particular way. The campaign did not breach the principles established in McKenna (No. 2), and the reliefs sought by the plaintiff were refused.

Citation
[2012] IEHC 419
Parties
Plaintiff: Mark McCrystal; First Defendant: The Minister for Children and Youth Affairs; Second Defendant: The Government of Ireland; Third Defendant: Ireland; Fourth Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
01 November 2012
Procedural Posture
Constitutional Challenge / High Court Judgment (ex Tempore Decision)
Outcome
Plaintiff's application refused
Legal Topics
Referendum Law, Government Expenditure, Freedom of Expression, Equality, Fair Procedures, Judicial Review
Constitutional Law Administrative Law Referendum Law Government Expenditure Freedom of Expression Equality Fair Procedures Judicial Review

Case Brief

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Parties

Mark McCrystal

Plaintiff

The Minister for Children and Youth Affairs

First Defendant

The Government of Ireland

Second Defendant

Ireland

Third Defendant

The Attorney General

Fourth Defendant

Procedural Posture

Constitutional Challenge / High Court Judgment (ex Tempore Decision)

Legal Issues

  1. 1 Whether the Government's expenditure of public funds on referendum information materials breached the Constitution as interpreted in McKenna v An Taoiseach (No. 2)
  2. 2 Whether the Government's campaign materials advocated a Yes vote in breach of constitutional principles of equality, fair procedures, and freedom of expression

Ratio Decidendi

The Court found that the Government's campaign materials were neutral, balanced, and primarily aimed at informing the public about the referendum. There was no clear disregard of constitutional restraints or manifest solicitation to vote in a particular way. The campaign did not breach the principles established in McKenna (No. 2), and the reliefs sought by the plaintiff were refused.

Court Disposition

Plaintiff's application refused

Orders

  • Refusal of declaratory and injunctive relief sought by the plaintiff