Woman withdraws from action over children's referendum

One of two women who earlier this month initiated a petition and constitutional challenge aimed at overturning the result of …

One of two women who earlier this month initiated a petition and constitutional challenge aimed at overturning the result of the recent children’s referendum has withdrawn from the proceedings.

Nancy Kennelly, a resident of Abbot Close Nursing Home, Askeaton, Co Limerick, has decided she no longer wishes to be involved in the case but the action will be maintained by her co-challenger, Joanna Jordan, and is expected to be heard early next year.

Ms Kennelly voted Yes by post two weeks before polling day on November 10th and had said she trusted the Government’s information campaign, which she considered to favour a Yes vote.

A Supreme Court ruling that aspects of the information was one-sided came after she had voted and, if she had had impartial information, she might have voted No, she had said in an affidavit.

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At the High Court yesterday, Paul Sreenan SC, for Ms Jordan, handed Mr Justice Iarfhlaith O’Neill a letter from Ms Kennelly to her solicitor outlining her reasons for withdrawing and the judge made orders permitting the title of the proceedings to be amended.

On consent of Mr Sreenan and Michael Cush SC, for the State, the judge also made directions for exchange of legal documents and returned the matter for further directions to January 15th.

In the action, Ms Jordan, St Kevin’s Villas, Glenageary Road Upper, Dún Laoghaire, Co Dublin, who campaigned for a No vote in the referendum, wants leave to bring a petition challenging the result of the referendum, passed earlier this month.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times