Amendment No. 37 in my name is largely the same as that tabled by Deputies Bruton and Creed. They seek to amend the section under the Principal Act whereas I seek to amend the initial Act — the Censorship of Publications Act, 1929. Section 17 (1) of the Censorship of Publications Act, 1929, makes interesting reading. It says that the reference contained in section 3 of the Indecent Advertisements Act, 1889, to printed matter which is of an indecent or obscene character should be deemed to include advertisements set out in a prescribed list. Section 3 of the Indecent Advertisements Act, 1889 states:
Whoever affixes to or inscribes on any house, building, wall, hoarding, gate, fence, pillar, post, board, tree, or any other thing whatsoever so as to be visible to a person being in or passing along any street, public highway, or footpath, and whoever affixes to or inscribes on any public urinal, or delivers or attempts to deliver, or exhibits, to any inhabitants or to any person being in or passing along any street, public highway, or footpath...
Therefore anybody making public any of the issues referred to in section 17 of the Censorship of Publications Act would be committing an offence. The offence could carry imprisonment for a term not exceeding one month with or without hard labour. It is time we addressed these issues and used the opportunity of this Bill to repeal that section, which has no place in contemporary society.
Amendment No. 38 in my name seeks to repeal section 5 of the Indecent Advertisements Act, 1889, which states:
Any advertisement relating to syphilis, gonorrhoea, nervous debility, or other complaint or infirmity arising from or relating to sexual intercourse, shall be deemed to be printed or written matter of an indecent nature within the meaning of section three of this Act...
Quite frankly, that is ludicrous in the times in which we live. I hope the Minister will accept that this legislation is a useful vehicle by which to repeal this legislation which is Victorian in its content. As other Members have said, the real issue here — while not only bringing the law on these matters into the 20th century but also preparing ourselves for the 21st century — is to get an indication from the Minister of his intent as regards the possibility of advertising of condoms and contraceptives generally. We have not reached the section but the Minister indicated on Second Stage that he might be willing to change the legislation so as not to have the blanket prescription that is currently in place. I hope the Minister will accept the amendments which parallel one another and which have been tabled by Opposition Deputies.