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Sinn Féin president Gerry Adams found cause for optimism in the Court's declaration that there was room for "legitimate legal and political debate" on a potential Irish veto of the ESM. Sasko Lazarov/Photocall Ireland

SF welcomes High Court's agreement on 'legitimate room for debate'

Gerry Adams says the court’s findings are “a far leap” from the Yes side’s belief that the ESM was “set in stone”.

SINN FÉIN PRESIDENT Gerry Adams has welcomed the High Court’s ruling in Pearse Doherty’s complaint against the Referendum Commission, despite the Court finding it could not uphold the complaint.

Speaking outside the Four Courts after Justice Gerard Hogan’s ruling was delivered, Adams hailed the judge’s comments that there was “room for legitimate debate” on the question of whether Ireland still had a veto on the European Stability Mechanism.

Justice Hogan this morning dismissed an application, brought by Doherty yesterday, saying it was not sufficiently clear how Irish law interacted with European and international law on the procedures by which a country had ‘approved’ an international treaty.

Doherty had claimed it was still within the power of the government to decide not to approve a treaty, by not tabling the appropriate legislation in the Oireachtas – a claim the Referendum Commission said was invalid, given Ireland’s inherent requirements to implement decisions reached at the European Council.

Justice Hogan said the area was not clear enough to firmly decide which argument was correct, but said there was “room for legitimate legal and political debate” on that point.

‘Vote as an informed citizenry’

“I absolutely agree with Judge Hogan in his assertion and hope that people will go and vote as an informed citizenry,” Adams said.

Obviously we see this as a vindication of our argument – that it’s legitimate, that it has merit – and that people should inform themselves of the issues involved and vote accordingly, and that means voting No.

Asked about the judge’s finding that the Referendum Commission was not wrong when it said Ireland had foregone its chance to veto the ESM, Adams claimed the Court had not found the Commission to be correct either.

Adams said this equivocation undermined the Yes campaign’s assertion “that the statement by [Referendum Commission chairman] Judge Feeney was absolutely writ in stone”.

“What the Court said was, there’s room for legitimate debate on this issue. The Court’s not in a position to pronounce. There’s room for debate and there’s merit in all the arguments.”

Adams also dismissed Taoiseach Enda Kenny’s comments that the case was a “sideshow”, describing Doherty’s challenge as “a serious effort by citizens to inform the debate and seek redress through the courts, as we are entitled to do”.

In a statement of his own, Doherty – who was not present in court – said the High Court had not shared the Yes side’s view that the Referendum Commision’s comments were definitive.

“The view of the Referendum Commission is not fact but opinion,” he said. “We believe that for the ESM to be underpinned in EU law it has to be ratified by all member states and that the Irish government retains a veto.

“Sinn Féin took this matter to Court because this is an issue of central importance to the referendum. I believe that the significant questions raised, vindicates our decision to pursue this course of action in the interests of the voters.”

Read: High Court refuses Doherty complaint against Referendum Commission

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26 Comments
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    Mute David Stephan
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    May 30th 2012, 1:10 PM

    FGouls have no credibility, they lost that the day they lied their way into office.
    You will suffer the consequences of those lies for a long time, make no mistake.
    And by the way, SF will grow either we like it or not because the nation will find it the best way to scare the living bejesus out of you and punish you for not doing what they (SF) might have the balls to do, there’s a time for silence but also a time for speaking and threatening.

    52
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    Mute Karswell
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    May 30th 2012, 1:27 PM

    Yes, SF do like promoting threats and terror. You seem to think it proper and right that we fear you. We don’t. Your democratic right extends to free choice of politics and expression of those politics. You would do well to show others the same courtesy they show you. I am a resident of Ireland, I hold an Irish passport, but I hold many passports. I was not born here or educated here. I reflect modern Ireland far more than you do, sir.

    24
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    Mute Monica Conroy
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    May 30th 2012, 1:35 PM

    Well said Karswell, it’s the iron bars I would be afraid of though ( They haven’t gone away you know)

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    Mute David Higgins
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    May 30th 2012, 1:51 PM

    The court has shown how Sinn Féin is trying to lie its way into office also.

    21
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    Mute David Stephan
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    May 30th 2012, 2:02 PM

    What’s this terror your are continuously on about? it’s such an old story and a twisted one at that!
    SF have done a lot for Ireland.
    I’m not SF but by god I can see why they may just swipe into power and you are blind if you can’t.
    And let me tell you sir, you represent modern Ireland…. YOU?
    Holding how many passports…how many do you need? How much of Irish history do you know? How long do you live here, who’s voice are you expressing?
    You have balls to say that here and voice to me YOUR disapproval of my view yet try to vindicate yours….you cretin.
    And by the way, I am from French father/Irish mother, born in Ireland and passionate about my country and hold only 1 passport, I AM the modern Ireland…

    21
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    Mute Karswell
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    May 30th 2012, 2:22 PM

    @ David Stephen – I apologise if my earlier message has caused you some discomfort. Please retread your own comment. You condone threats as a political tool, and you state that people deserve to feel fear ( terror ) die to their lack of bravery in standing up for themselves. As for abuse, threats, intimidation and attempts at humiliation, please look at the comments of any article on this site related to the referendum. You will find ample examples. I have had the qualified pleasure of having a modicum of contact with SF and various republican paramilitary groups over the past four decades. Their tactics of using fear and misery to consolidate power have not change.

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    Mute Daniel Kelly Doran
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    May 30th 2012, 12:58 PM

    The Gerry Adams reality distortion field

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    Mute Too Trueleft
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    May 30th 2012, 3:21 PM

    From the high court judge earlier:

    “Because it is impossible for me at this juncture to express a definitive view, in part because of the very acute time pressures, I can merely observe that there is room for legitimate legal and political debate on this question.”

    Looks like Sinn Fein was right, that there IS room to debate the matter, instead of running from it like your leader runs from everything else.

    17
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    Mute Gary Clowry
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    May 30th 2012, 3:21 PM

    haha really they welcome it. Holy crap these guys are so full of it.

    12
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    Mute mcbab
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    May 30th 2012, 1:22 PM

    My god!!! If I never hear Mary loos voice again I will be happy. What a harridan. !!!!

    28
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    Mute Norman Hunter
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    May 30th 2012, 2:19 PM

    Are your comments only ever restricted to calling people names,why not try reasoned debate and challenge to opinions and comments of others?

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    Mute Reg
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    May 30th 2012, 1:45 PM

    Gerry you can spin it all you like, you lost the case (publicity stunt) – end of story.

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    Mute martin dorgan
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    May 30th 2012, 2:17 PM

    Can’t Adams see that the judge said no no no!

    17
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    Mute Toby Parker
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    May 30th 2012, 2:48 PM

    That is not true. The Judge has confirmed that this matter is not as clear cut as the Yes Side state and on fact makes the yes side look like they were not telling the truth

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    Mute Too Trueleft
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    May 30th 2012, 2:02 PM

    There you have it boys and girls, NEVER take the word of a government that lied its way to power. Its blatantly obvious it was not set in stone. Unfortunately, fine gael managed to avoid answering the question.

    15
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    Mute maura
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    May 30th 2012, 5:20 PM

    Nice to see Sinn Fein recognizing the courts of the Republic.

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    Mute Michael O'Connor
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    May 30th 2012, 1:57 PM

    “Vote as an informed citizenry”, I wish we could but we are being asked by our government to make possibly, the most important decision in the history of the state in a vacuum of information. The decision makers in other countries are taking a wait and see attitude so far and they have access to more information than us already. The timing of this referendum defies all logic. I do not believe that I or any other citizen has the right to vote yes at this stage. Vote No, we all know that we will have another referendum.

    13
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    Mute John Johnson
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    May 30th 2012, 4:02 PM

    Michael, that argument about wait and see is nonsense. If twelve countries don’t ratify the treaty then it doesn’t come in to effect.
    Sinn Fein have been shown to be telling porky pies about access to the esm if we vote no.
    Mary Lou today on the one o’clock news had to twist and squirm as she tried to wriggle away from the truth when it was put to her. Something that has been obvious to many all along, Sinn Fein’s arguments Don’t Stack Up

    11
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    Mute Austin Ryan
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    May 30th 2012, 3:31 PM

    Sinn fein will be disappointed to find their most recent challenge to democracy has failed.

    13
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    Mute Toby Parker
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    May 30th 2012, 2:46 PM

    Well done to Pearse.
    Looks like our Govt have been telling more lies.

    13
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    Mute John Johnson
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    May 30th 2012, 4:06 PM

    Only Sinn Fein have the hard neck to try and take a judgement not in their favour, and somehow twist, distort, lie and try and make people believe that it was in their favour………..

    15
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    Mute Ann Brennan
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    May 30th 2012, 3:19 PM

    There are none so blind as those who will not see re Gerry Adams comment on judicial decision on treaty

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    Mute Ann Brennan
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    May 30th 2012, 3:21 PM

    There are none so blind as those who will not see re Gerry Adams comments on the treaty.

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    Mute Tertullian
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    May 30th 2012, 7:53 PM

    Adams is clearly delusional. Would you buy a used car from this man? Me neither.

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    Mute peepingass
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    May 30th 2012, 10:49 PM

    I might, just for the armour-plating, though. I am into scrap!!

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    Mute peepingass
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    May 30th 2012, 10:50 PM

    By the way, David Stephen. if you are the modern Ireland, well then God help you!!

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