asked the Minister for Justice whether he is aware of the disquiet that has been occasioned amongst various religious denominations by the recent case of an admitted assault on street preachers in Killaloe; and whether, having regard to the fact that the Constitution guarantees the free profession and practice of religion, he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Killaloe Assault.
I am aware that various religious denominations have expressed concern lest their rights should be infringed, and I, therefore, wish to say that the freedom of conscience and the free profession and practice of religion which are, subject to public order and morality, guaranteed to every citizen by the Constitution will be safeguarded by every means in the power of the law officers of the State and the Garda Síochána. On the occasion in question, the Garda acted promptly—though they were unable to prevent a surprise attack on the persons who were assaulted and, when the papers were referred to the Attorney-General, he at once directed that those concerned should be prosecuted on a charge of assault causing actual bodily harm.
The accused pleaded guilty and expressed, through their solicitor, their regret for what had happened. The district justice applied the Probation of Offenders Act.
As regards the handling of the case by the district justice and the remarks which he is reported to have made, this is a matter on which, I think, it would not be proper for me to comment: to do so would inevitably tend to shake the confidence of the public in the independence of the judiciary. There is a way provided for under the Constitution and the law by which, in certain circumstances, a judge or district justice may, following a resolution passed by both Houses of the Oireachtas, be removed from office; but, otherwise than as a part of that procedure, it would not be proper for me to do or to say anything that would appear to be an interference with the independence of the judiciary, the maintenance of which we regard as vital in the general public interest.
The Constitution guarantees freedom of religion but does it follow that it permits provocation or abuse?
I have nothing to add to the answer which I have just given.