The Supreme Court has found the government has used public money for the Children"s Referendum campaign in a manner which was not fair, equal or impartial.

Its decision overturns a High Court ruling last week against challenger Mark McCrystal but finds it is too close to polling day to grant an injunction ordering the government to stop distributing the material.

In 1995 the Supreme Court held in the McKenna Case that public funding should not be used in a referendum to espouse a particular point of view.

Mark McCrystal - an engineer from Kilbarrack - alleged that is exactly what the government was doing claiming it was promoting a Yes vote in its information campaign for the upcoming Children"s Referendum.

The High Court disagreed and found the content on the campaign website, booklet and in its advertising was neutral.

Unanimous ruling 

That has been unanimously overturned by a 5-judge Supreme Court following an urgent hearing this week.

In a preliminary judgment it has concluded there are extensive passages in the booklet and on the website which do not conform to the McKenna principles.

However given that the ballot to amend the Constitution is this Saturday  the court has found it is too late to order the government to stop publishing the contested material.