Former Minister for Justice Alan Shatter has said that the public have been “grievously misled” by the government as to the meaning of the two referendums to be voted on today.
In a post made on X, Shatter said that leaked documents, which The Ditch claim contain the Attorney General’s legal advice to the government as to the likely effects of the proposed Constitutional amendments, which the government had refused to release, “should have been published weeks ago”.
He continued, “It confirms that the parties in government and all other Dáil parties supporting a yes vote in Fridays referendum have grievously misled voters & well meaning supportive NGO’s.”
“The lack of transparency is stunning.” he said
The leaked documents show advice from the Attorney General from the 8th of December 2023 which state that a ‘yes’ vote in the referendums will have the effect that“Policy makers will be required to offer greater weight to the rights of the non-marital family, including in child care, immigration and social welfare.”
Despite this, Minister Roderic O’Gorman – whose department refused to publish the advice – claimed on the 25th of February last that, “The very clear legal advice we’ve received throughout from the Attorney-General is that [social welfare law, family law and immigration law] will not be impacted by what we’re proposing to amend in the Constitution.”.”
The AGs’s advice should have been published weeks ago. It confirms that the parties in government and all other Dáil parties supporting a yes vote in Fridays referendum have grievously misled voters & well meaning supportive NGO’s. The lack of transparency is stunning. https://t.co/IqGt5KZLSW
— Alan Shatter (@Alan__Shatter) March 7, 2024
Responding to the contents of the leaked documents Shatter said that the chief takeaways were that the Attorney General “predicts lots of litigation” to “unravel” the impact of the amendments.
He said the State “will still be able to distinguish between marital & non marital families” saying this meant that the meaning of “durable relationships” would remain “uncertain”.
He continued that the term “may only apply to adult partners & exclude children & single parents,” before concluding that the “Gov has misled voters”.
In a separate post on X, Shatter said that it was “totally wrong” that the timing of the leak of the documents means that the media moratorium on publishing referendum related stories for print and broadcast media meant that “most of those who vote in the two referendums will likely know nothing about the content of the AG’s advice to gov.”
He called on Taoiseach Leo Varadkar, Tánaiste Micheál Martin, and Minister Eamon Ryan to “publicly explain why it was suppressed & not published”.
Takeaways-AG predicts lots of litigation to unravel impact of Amends;State will still be able to distinguish between marital & non marital families;meaning of “durable relationships”uncertain, may only applyto adult partners &exclude children&single parents. Gov has misled voters https://t.co/22bEpkb0Gz
— Alan Shatter (@Alan__Shatter) March 7, 2024
TD Michale McNamara said that the legal advice “leaked to bolster the Yes campaign shows the Attorney General advised that it is “difficult to predict with certainty” how the Irish courts would interpret the concept of “durable relationships’.”.”
He added that “throughout” the re-referendum campaign, “Government ministers said it was clear”.
Legal advice leaked to bolster the Yes campaign shows the Attorney General advised that it is “difficult to predict with certainty” how the Irish courts would interpret the concept of “durable relationships'."
Yet throughout Government ministers said it was clear. #VoteNoNo— Michael McNamara TD (@MlMcNamaraTD) March 7, 2024