Dáil Éireann debate -
Tuesday, 7 Nov 1995

Vol. 457 No. 7

Written Answers. - Censorship Laws.

Michael McDowell

Question:

241 Mr. M. McDowell asked the Minister for Justice if the Government conducted any examination of our Censorship laws in view of the severe criticisms of these laws contained in a report (details supplied) which are supported by the Law Reform Commission Consultation Paper on the Crime of Libel, including obscene libel; and if she will make a statement on the matter. [15924/95]

Michael McDowell

Question:

242 Mr. M. McDowell asked the Minister for Justice if the Government has made any specific changes or issued any specific instructions to any persons involved in the administration of the censorship laws; the precise nature of any such changes or instructions; and if she will make a statement on the matter. [15925/95]

Michael McDowell

Question:

243 Mr. M. McDowell asked the Minister for Justice the proposals, if any, the Government has to reform our censorship laws in order to bring them into line with our international human rights obligations; and if she will make a statement on the matter. [15928/95]

Minister for Justice (Mrs. Owen):

I propose to take Questions Nos. 241, 242 and 243, which are related, together.

The legislation for which my Department has responsibility in the area of censorship is the following: the Censorship of Publications Acts, 1929 to 1967 (as amended); the Censorship of Films Acts, 1923 to 1992; and the Video Recordings Act, 1989.

These Acts provide for censorship of books, magazines, films and video recordings respectively. The task of censorship is carried out by the Censorship of Publications Board in relation to books and magazines and by the film censor in relation to films and video recordings. The legislation contains certain rights of appeal against decisions to prohibit the publication of any book, magazine, film or video.

In accordance with the provisions of the relevant legislation, the various boards and the film censor are independent in the exercise of their functions. They are empowered to carry out their role by the respective Acts governing censorship in that area and I, as Minister for Justice, am not empowered, in any way, to vary any of their decisions in relation to censorship. I can confirm to the Deputy that I have not introduced any specific changes nor issued any specific instructions on the administration of the relevant legislation to any of the boards or boards of appeal or to the film censor.

As regards international human rights obligations, the UN Human Rights Committee, in a generally favourable report on Ireland's implementation of the Covenant on Civil and Political Rights, has questioned certain aspects of our censorship laws in the light of the provisions of the convenant. I have taken note of the issues raised by the Human Rights Committee and these will be addressed in the context of Ireland's second report on the covenant, which is due to be submitted to the UN in 1996.

As regards the Deputy's reference to obscene libel, the position is that the Law Reform Commission report on The Crime of Libel is under consideration at present with a view to the submission of proposals to Government.