President may refer polls Bill to Supreme Court

The President, Mrs McAleese, has been asked to refer the Bill banning the taking and publishing of opinion polls seven days before…

The President, Mrs McAleese, has been asked to refer the Bill banning the taking and publishing of opinion polls seven days before an election to the Supreme Court to test its constitutionality.

The former Taoiseach, Mr John Bruton, said he would welcome a meeting of the Council of State, of which he is a member, to discuss the matter. He was not aware of any pending meeting.

Another former Taoiseach, Mr Albert Reynolds, also said he would not be surprised if Mrs McAleese were to call a meeting of the council. It was a matter for the President.

He said it would not be proper to comment on the issue in advance of a meeting.

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The National Newspapers of Ireland has announced that it has decided to petition Mrs McAleese to exercise her powers to refer the Bill to the Supreme Court "in the light of the serious threat to constitutional rights and freedoms".

The Taoiseach, Mr Ahern, said yesterday he was not concerned about the possibility of a constitutional challenge to the Bill. "It's a person's democratic right to challenge the Bill. If they do, they do, and if the Government's decision is upheld, it's upheld, and if it's not, it's not. I mean, I'm not concerned."

He refused to comment on the substance of the legal advice given to the Government on the proposal.

"I can't say what the Attorney General said at Cabinet, but the reports of what the Attorney General said and the way it's reflected in the newspapers are not correct," he said.

The Irish Times has reconfirmed that the Government was warned by the Attorney General and by an independent legal expert, Mr Gerard Hogan SC, that a ban on carrying out and publishing opinion polls in the seven days before polling day could be unconstitutional. Mr Michael McDowell's advice was given orally.

"I can't say what the Attorney General said at Cabinet. I'm saying that what is reflected in the paper this morning of the sequence of events and what was said by people is not correct," said Mr Ahern.

Informed sources later explained that both Mr McDowell's and Mr Hogan's legal advice that the prohibition on polling could be unconstitutional was given to the Government before last Tuesday's meeting.

Mr Ahern also said yesterday the decision had been made and would not be revised.

Meanwhile, the Electoral (Amendment) Bill will return to the Seanad, where it originated, on Tuesday to debate the changes made to it in the Dail.

The Opposition leader in the Seanad, Mr Maurice Manning, said last night that Fine Gael felt that the Government had acted "in bad faith" by not disclosing the constitutional doubts surrounding the measure. He would be insisting that the principle of the polling amendment should be debated in full.

Under Article 26 of the Constitution, the President, after consulting the Council of State, must refer a Bill to the Supreme Court within seven days of being asked to sign it.