Libertas.org

The independence of the Referendum Commission must be called into question after it emerged that it has based its findings on legal advice provided by external consultants with close links to the "yes" campaign, and that it's communications advice is provided by Fianna Fáil's former head of communications, Libertas said this morning.

The Commission's "independent" legal opinion is in fact based on advice provided by AL Goodbody Solicitors, who are also retained by IBEC, and who are patrons of Chambers Ireland. Its Press function is staffed by Olivia Buckley, of Murray Consultants, who was Fianna Fáil's chief press officer until shortly after the last General Election.

Libertas Executive Director Naoise Nunn said that at best, the judgement of the commission had to be called into question, since it was being advised by people who very clearly had a vested interest in achieving a "yes" vote in the referendum.

"At best, this is incredibly naïve of the commission. At worst, it raises very serious questions about their independence. Their legal advisors very clearly have a vested interest in terms of keeping their other clients happy, and this creates a major conflict of interest.

It is also very questionable that the communications strategy of the commission, which is unprecedented, has presumably been suggested to them by somebody with very close links to the Government and the "yes" campaign.

The referendum commission is an independent body with a statutory obligation to provide totally impartial information. How can people be expected to trust in that information when the commission is basing it on advice received from people with a clear conflict of interest?

There are serious and hard questions to be answered here. The Commission has taken an unprecedented step in inserting itself into the public debate in the way it has chosen.

We think that these issues are of the utmost seriousness, and need to be addressed immediately."