Enda Kenny (Mayo, Fine Gael)

I would like, if I may, to ask three questions to the Taoiseach. Ireland has been bad-mouthed around Europe owing to the decision of the Irish people in respect of the Lisbon treaty. I hope the treaty is approved at the next referendum. Fine Gael will lead a strong campaign in this regard.

Does the Taoiseach expect the legislation giving effect to the Lisbon treaty referendum to be passed by the House prior to the summer recess? He will be aware of the necessity for such legislation to be in place for 30 days before the people can be advised of a referendum. In that context, does the Taoiseach expect the referendum to be held at the end of September or during the month of October? It is time the Taoiseach set out clearly the position in this regard. We must get on with dealing with this important and fundamental issue. I take this opportunity to reiterate that the Taoiseach keep Opposition parties informed of ongoing developments, as discussed last December.

With regard to the question of children's rights, it was not possible to get agreement on this issue because Government members of the committee have changed their minds. The programme for Government, which the Taoiseach drafted and of which he was a chief negotiator, contains a very clear reference to having a referendum on children's rights. Is that to be a victim of the review to be carried out now? This party believes that it is urgent and appropriate to hold a constitutional referendum to allow the electorate to decide whether the Oireachtas should enact new legislation to reinstate the criminal offence of statutory rape for the protection of children. That there was a divergent view at the committee does not mean the Government should go back to the commitment to a referendum in the programme for Government, which was driven by the Taoiseach's party.

The Constitution declares: "The publication or utterance of blasphemous... matter is an offence which shall be punishable in accordance with law." The Taoiseach will be aware that the Defamation Act 1961 provided that "every person who composes, prints or publishes any blasphemous or obscene libel" is guilty of such an offence. Blasphemy is not defined in the Constitution nor is it defined in any Act of the Oireachtas. It is impossible to say what the offence consists of. State-sponsored bodies have made their position clear. In 1991, the Law Reform Commission stated that "there was no place for blasphemous libel in a society which respects freedom of speech". In 1996, the Constitution Review Group commented that the retention of the current constitutional offence of blasphemy was not appropriate. In July 2008, the Oireachtas Joint Committee on the Constitution noted the redundant nature of blasphemy in Irish law and concluded that "the deletion of the reference to 'blasphemy' from the Constitution might be advisable". In view of that body of opinion, why is the Minister for Justice, Equality and Law Reform proceeding with something that is not defined in law? Is it his intention to proceed with a referendum on this matter?

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