Oireachtas Joint and Select Committees

Thursday, 21 March 2024

Committee on Public Petitions

Decisions on Public Petitions Received

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

P00022/2023, concerning a referral to the Supreme Court of the incitement to hatred Bill 2022 to protect free speech, is from Mr. Stephen J. Delaney. It states:

We The People of the Republic of Ireland, demand that in the event the elected President of Ireland, Michael D. Higgins, be asked by the houses of the Oireachtas to sign into law the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, or any other variation of such a bill, that he immediately refers this bill, under Article 26.1, to the Supreme Court due to the clear and obvious repugnancy to Article 40.6.1 of the Irish Constitution, as is expected of him as its custodian and also as he is sworn to do by the following oath, which he took on the 11th of November, 2011: In the presence of Almighty God I do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ireland. May God direct and sustain me.

The action requested by the petitioner is an appeal by the people, through a petition, to call on the President to refer the Bill to the Supreme Court. According to the petitioner, the group has protested and campaigned extensively on this issue. He states “Our attempts to debate this bill publicly have been rejected and our requests for an audience ignored by the TDs and Senators at large”.

There is updated correspondence between the petitioner and-----

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