News that the Referendum Commission will be able to deliver a 20-page information booklet about the abortion referendum to every household in the State is welcome. It followed an announcement that there would not be enough time to assemble and distribute the text of the referendum proposal, relevant legislation and explanatory material.
Pressure on the printers and An Post has made a difference, following a political row in which opposition parties called for the postponement of the referendum if such basic information was not available for every voter.
Knowledge and information are the lifeblood of democratic decision-making, never more so than when constitutional issues are put to referendum. Irish voters have made it abundantly clear that they value this principle by their decisions in successive such polls to vote against the proposition or to abstain when they are dissatisfied with the quality of information on offer. That is why the work of the Referendum Commission is so important in providing basic and objective material for voters on the issues at stake. Their work comes in addition to campaigning by political parties and interest groups.
The Referendum Commission was set up after the McKenna judgment by the Supreme Court in 1995 ruled out State funding for the advocacy of constitutional amendments sought by the Government on the grounds that the people are the only arbiters of constitutional change. The Commission is not a standing body but an ad hoc one activated whenever the Government calls a referendum. It therefore needs time to prepare its information campaign. Its task has been made easier by legislation passed at the end of last year relieving it of the obligation to present both sides of the case, in favour of a general explanation of what the particular referendum is about.
Regrettably it was not possible to devise a formula whereby opposing sides in a referendum would be directly funded, because of legal concerns about court cases that might be taken against the fairness of such allocations. As a result there is a much greater onus on political parties and interest groups to fund and mount their own campaigns of advocacy and information. There is a also an onus on the Referendum Commission to explain the issues clearly and accessibly. This task would surely be easier if it were a standing body rather than an ad hoc one. Many voters are confused about the conflicting claims being made about the referendum proposal and bewildered by its complexity. There is precious little time to enlighten them between now and March 6th.