by Anthony Coughlan
This Memo gives the background to the McKenna and Coughlan cases on fair referendum procedures and draws attention to the fact that violation by Irish Governments of the "McKenna principles" which were laid down by the Supreme Court in 1995 first occurred under the Fianna Fail Government in the two Lisbon Treaty referendums. It was then repeated by the present Coalition Government in the "Fiscal Treaty" referendum last May and in the recent Children's referendum, when it was successfully challenged by Mr Mark McCrystal. The individual judgements of the five Supreme Court judges concerned in the McCrystal case are to be given on 12 December.