Liz McManus (Wicklow, Labour)

I appreciate this is a difficult issue and we are all conscious that we need to adopt a certain prudence but I agree with Deputy Coveney. The Minister is deleting section 41(6) on legal advice because it might be seen to be prescriptive, as only newspaper, magazines or periodicals and events or ceremonies could be exempt. I do not understand how that can be the case because the section is clear that nothing in section 41(4) is to be read as preventing the broadcasting of a notice of the fact and it then specifies and copperfastens two exemptions relating to publishing and an event or ceremony. It does not provide that it automatically excludes other issues because section 41(4) states an advertisement cannot be broadcast to address the issues of adhering to a religious faith. However, as the Minister pointed out, it is opening up, and, therefore, it is a matter of judgment.

There must be a question over the legal advice. If something is factual, which is clear, it is difficult to see how it could be open to an interpretation that would further restrict religious advertising. Were issues raised about whether the legal advice was correct or overly cautious because it does not stand up logically? Two specific exemptions are provided for and we all know and understand them. People will be paid good money to make a judgment on what complies with section 41(4) and we hope we will get over silly decisions, such as the banning of the Trocaire advertisement and the reference to a crib being censored. However, I question the legal advice. The Minister must accept that there is a common sense approach in section 41(6), which states clearly and without any ambiguity that certain things will not be prevented because they are straightforward and clear-cut and that other issues will come under the ambit of section 41(4).

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