Patrick Nulty
Question:388. Deputy Patrick Nulty asked the Minister for Justice and Equality the steps he will take to repeal the 2009 blasphemy legislation; and if he will make a statement on the matter. [44128/13]
View answerTuesday, 22 October 2013
Questions (388)
Written answers
The Deputy will be aware that Article 40.6.1.i of the Constitution places an obligation on the legislature in regard to the offence of blasphemous libel. Successive Attorneys General had advised the Government that until the Constitution is amended, by referendum, it is necessary that blasphemous libel remains a crime and that legislation makes provision for punishment of this crime.
Therefore, in the reform of our defamation laws, a provision was required in regard to blasphemous libel. Section 36 of the Defamation Act 2009, makes a minimum provision in that regard. It removes the possibility of prison sentences and private prosecutions for blasphemous libel. It also provides for a defence to a defendant who proves that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
The Programme for Government includes a commitment to consider the question of a referendum on blasphemy and in that regard, I can confirm that one of the matters to be considered by the Constitutional Convention is a proposal to remove the offence of blasphemy from the Constitution.