Eugene Regan (Fine Gael)

I find the response of the Minister unconvincing. He referred to my presentation on outlining the positions in relation on this whole issue of blasphemy in other EU member states, the United Nations and the Holy See, and how it is generally interpreted and applied as being offensive to the followers of a particular religion, giving rise to civil unrest or other implications. That is the modern progressive approach to the whole issue of blasphemy.

The Minister, instead of looking outward, has looked backwards. I have acknowledged that if he feels it essential - nobody denies it is in the Constitution - Fine Gael's position is that this is not the way to deal with it; that is why the sections are opposed. The Law Reform Commission report of 1991 concluded that the offence of blasphemy had no place in a society which respects free speech, and recommended that the reference in the Constitution be deleted as part of any extensive revision of anachronistic or anomalous constitutional provisions. Perhaps I could draw the Minister's attention to what I am saying. That is Fine Gael's position. This should be taken out of the Constitution. We should not run away from the issue when it has been identified by all the relevant bodies.

If, however, we take the position that it must be established in legislation, based on the modern view of blasphemy and language which is offensive to followers of a particular religion, the progressive and modern approach to deal with that is through the Prohibition of Incitement to Hatred Act. It is a neat fit. Taking the Minister's premise, and as determined by the High Court in the Corway case, it is for the Oireachtas to define the offence of blasphemy. To define it in these terms resolves the issue.

If the Minister says we are not to have a referendum to act on the problem, to suggest the only option is the one the Minister has outlined in the Bill is incorrect. There is a more neat fit. I would have suggested in a verbal amendment to meet the Minister on this that the offence provided for at section 2 of the Prohibition of Incitement to Hatred Act 1989 constitutes the offence of the publication of blasphemous matter as provided for in Article 40.6.1° of Bunreacht na nÉireann. That would ensure that if we are not removing the provision of the blasphemous offence in the Constitution, that would fulfil any obligation which might rest with the Oireachtas to rectify this situation and implement that provision of the Constitution pending its deletion.

That is the appropriate way to deal with it. The explanation given by the Minister and the issues and problems which arise from the manner in which this is being dealt with in the legislation - where we are defining religion and providing for all sorts of provisions on Garda intervention, and where the Minister has acknowledged he has designed this so it will never happen - is not fulfilling the Minister's obligations under the Constitution to draft legislation of that order. On that basis I will press this amendment.