Sinn Féin to launch legal challenge if Government refuse referendum
The Government could face a major court battle if it refuses to put a new European treaty on budget rules to the people.
Opposition parties have warned they are seeking legal advice to ensure the public gets a say on whether tough fiscal rules agreed by European leaders are imposed on Ireland.
Sinn Féin Deputy Leader Mary Lou McDonald said while the issue should not end up in court, the party was determined to take all measures necessary to secure a referendum.
“We are actively receiving legal advice, that is ongoing, and we will look at any and all measures to stop this implementation of this agreement and to ensure that people have their democratic say,” said Ms McDonald.
Fianna Fáil leader Micheál Martin said his party was also speaking to lawyers about challenging the Government should it decide against a public vote.
Twenty-five of the 27 eurozone states agreed upon the text of a new fiscal compact in Brussels last night. The agreement entails stricter budgetary rules for members, including penalties for states that do not comply with deficit margins.
It will now go before Attorney General Maire Whelan who will decide whether the Constitution needs to be amended in line with the treaty and, subsequently, whether a referendum is required. Her advice to the Government could take several weeks to finalise.
Opposition parties have argued that a referendum should be called anyway, even if not technically needed.
“It’s our view that given the nature of this agreement that it’s the democratic imperative of this State that the people have their say,” Ms McDonald went on.
“It’s a complex matter. We have legal advice and advisers are as we speak working their way through the matters.”
The treaty said the ground rules for greater budgetary discipline and monitoring of governments’ fiscal policies by Europe.
The president of the European Council, Herman van Rompuy, said 25 of the 27 EU members would be signing the pact at the next summit in March. The Czech Republic has not yet made up its mind and remains outside the pact, with Britain.
Mrs McDonald added: “It shouldn’t have to come to anybody going to the courts.
“The Government know as well as we do just how serious and long-term the implications of this agreement are.
“They know as well as we do that this will result in austerity and in cutbacks. They know that it means more bad budgets, more hardships for the people.
“They have to know that this is not a recipe for growth and for jobs.
“They know, I’m sure, in their gut that the democratic appropriate thing to do is to go to the people.”
When asked if Fianna Fáil was seeking legal advice to challenge the Government, Mr Martin said “certainly”.
He added that the Government has mishandled the issue of the European treaty, saying: “It’s been handled very badly. People are perpetually in the dark about the contents of this treaty, what it means and what it’s about.”
Mr Martin went on: “We believe that we should consult the people and take the people with us.”
Meanwhile, Taoiseach Enda Kenny said European leaders made a significant step in agreeing upon the text of the fiscal compact.
He described it as a practical and rational fiscal discipline, and insisted that Ireland’s constitution may not even need to be amended to accommodate it.
“Remember, we only amend the constitution if it is necessary to amend it,” he told RTÉ.
By law, a referendum is only required if changes are to be made to the Constitution.
Attorney General Máire Whelan is likely to advise within a fortnight whether a referendum is required.
Tánaiste Eamon Gilmore said that he is confident that if a referendum is held, people will vote on the issue and not the cuts and charges being imposed by Government.
"There is a very clear understanding in Ireland that the euro does need to be stabilised," he said.
"I think there's been a lot of concern among Irish people about the position of the euro."
