Joe O'Toole (Independent)

Rather than repeat comments made by previous speakers, I propose examining where the proposal on blasphemy sits within the law, what is its intent and where it came from. I gently correct the Minister on the matter of where the offence of blasphemy stands in the Constitution. While the offence is referred to in the Constitution, it existed before the Constitution was drawn up, yet no one considered it necessary to define it. Were the offence to be removed from the Constitution, blasphemy would remain a common law offence and further legislation would be required to remove it as a common law offence.

This morning, I cited the words of the Archbishop of Dublin and yesterday I quoted the Pope of Rome. The Minister of State will take great pleasure in learning that I propose to quote the founder of his great party, Fianna Fáil. Paul O'Higgins, in an article entitled "Blasphemy in Irish Law", states that de Valera was of the view that no new offence had been created by Article 46.1 of the Constitution and that the provision simply referred to the common law offence. Removing the offence from the Constitution does not, therefore, remove the common law offence of blasphemy.

In light of these facts, why is the Minister going to such great lengths in this matter? Murdoch's Dictionary of Irish Law states that it is impossible to say of what the offence of blasphemy consists. It also makes the point that the offence could be defined in legislation.

It is illogical to conclude that a constitutional imperative arises in this matter or that constitutional imperatives are something which bring Governments to attention. Imperatives in the Constitution are regularly ignored. The example which comes to mind is the requirement under the Constitution to define minimum standards of education. This refers to the basis of the education system, the rights of parents to educate, the requirements of the law etc. This requirement has been ignored and I understand we have not concluded the business arising from the X case which gave rise to certain requirements.