Government expected to investigate leak of AG’s referendums advice

Rossa Fanning SC

The 10-page document penned by Attorney General Rossa Fanning SC was published by investigative news platform The Ditch on Thursday, the day before the vote.

The advice was sent to Roderic O’Gorman, the minister for children, equality, disability, integration and youth, in December 2023, and copied to the Taoiseach, the Tánaiste and environment minister Eamon Ryan.

Mr O’Gorman told RTÉ’s This Week programme that the expected the Department of the Taoiseach to investigate the leak, which he described as “hugely frustrating”.

The timing of the leak, the day before the referendums, meant campaigners weren’t “able to properly address it due to the broadcasting moratorium”, he added.

He also insisted that the content of Mr Fanning’s advice was consistent with the government’s statements.

In a statement issued yesterday, The Ditch said: “Since yesterday ministers, TDs and senators from coalition parties have expressed their contempt for The Ditch’s publication of the attorney general’s referendum advice. Some are calling for an investigation. Others want The Ditch to be brought under the terms of the referendum moratorium.

“The unpublished attorney general’s advice did not reflect what government told the electorate throughout the referendum campaign. This was a betrayal of the public’s trust. It demanded exposure.

“If indeed The Ditch’s publication of the unpublished advice was ‘scandalous’, it was a scandal caused by government’s refusal to publish the advice in the first place.

“We won’t apologise for acting in the public interest. That’s what journalism is.”