The Green MEP, Ms Patricia McKenna, has sent solicitors' letters to a range of Government Ministers and semi-state bodies alleging the companies in question have broken the law on fundraising in the Nice referendum campaign.
She claimed the semi-state agencies were in breach of the "McKenna Judgment", named after a case brought by herself, in which the Supreme Court stated that public funds could not be used to promote one side or the other in a referendum campaign.
Claiming that An Post, Aer Rianta, Bord Gáis, Bord na Móna and the VHI health insurance company had contributed substantial sums to the pro-Nice campaign of the employers' group, IBEC, Ms McKenna's solicitors, MacGeehin & Toale of Dublin, state: "Such contribution constitutes a direct intervention in the referendum campaign, using funds that belong to the Exchequer and the people of Ireland in favour of a particular result in the referendum".
Letters addressed to the Ministers for Finance, Health, Communications and Transport note that they are understood to have the controlling interest in one or more of the companies concerned, "on behalf of the Government and people of Ireland".
"We hereby request that you ensure that the above bodies immediately recover the said contribution from IBEC, and further that the said bodies make no further contribution directly or indirectly to any campaign in favour of any particular result in this or any other referendum."
Letters to the relevant companies state that, while it is legitimate to be a member of IBEC, it is not "proper" for them, as firms or bodies owned by the Government on behalf of the people, to make a specific contribution to fund IBEC's €500,000 campaign for a Yes vote.
A spokesman for An Post confirmed it had contributed €5,000 contribution to the IBEC campaign because "we believe Europe is good for business and good for the postal business". Aer Rianta and Bord Gáis also confirmed giving €5,000 each to IBEC's pro-Nice effort. The VHI said it had made no contribution to the IBEC campaign. Bord na Móna declined to comment.
The Department of Transport confirmed that the Minister, Mr Brennan, had received the letter: "He has passed it on to the Attorney General for his consideration and advice." The Department of Communications said the Minister, Mr Dermot Ahern, was giving the letter his consideration.
Ms Maria Cronin of IBEC, while refusing to disclose individual contributions, said: "It is difficult to see what is wrong with any organisation deciding for themselves, on a strictly voluntary basis, to contribute to an independent campaign." Nice was important for employment and future economic stability.
The Greens launched their Manifesto for a Democratic Europe yesterday. The party leader, Mr Trevor Sargent, said Government strategy was "falling apart" and the wheels were coming off the wagon. "From recent events we can see that the Taoiseach has a difficult problem in discriminating between good judgment and poor judgment and indeed between right and wrong," he said.
Mr John Gormley TD said people were faced with a straight choice: "Do you trust the people who expose corruption or do you trust the corrupt? It is patently obvious to anyone that the Green Party has far more integrity than Fianna Fáil or the other parties who are calling for a Yes vote."
Mr Paul Gogarty, campaign director, said the question was: "Would you buy a second-hand treaty from this Taoiseach?" Ms Bronwen Maher deplored "scaremongering" on both sides in the debate.