Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Ceann Comhairle for allowing me the opportunity to speak on this legislation, the Censorship of Publications Board Repeal Bill. I commend and thank Deputy Niall Collins for bringing the Bill before the House. I am delighted to see that romantic Ireland is not dead and gone in Fianna Fáil. I was particularly interested in the contribution.of Deputy Niall Collins.

I welcome the debate on censorship and the fact that we are living in changing times. It is important to remember that censorship of freedom of speech never worked in any society or any country. It is also important to know the facts, the history and the effect of the censorship board in this country. The Censorship of Publications Board is an independent board established by the Censorship of Publications Act 1929 to examine books and periodicals for sale in the Republic of Ireland. It is governed by the Censorship of Publications Acts 1929, 1946 and 1967. The board has the authority to prohibit any book or periodical it finds to be obscene. This makes it illegal to buy, sell or distribute the publication in the Republic of Ireland. The board prohibited a large number of publications in the past, including books by respected authors. Since the 1990s, it does not prohibit publications very often. It is important to know the background and history.

It is important to say that severe censorship is bad for democracy. Silence against injustice is bad for democracy in a free and open democratic society. Over the past week or so, I was fascinated by the silence in this Chamber about the imprisonment of the great peace activist, Margaretta D'Arcy. This woman is anti-war and pro-peace and she is languishing in jail. I express my dismay at her imprisonment. I urge the Minister and the Government to look at sensible ways to release the great Margaretta D'Arcy. It is important to say this in the debate because we can never silence peace activists, those who are against war and those who take a stand even though it is unpopular. I ask the Minister to intervene and free Margaretta D'Arcy because she is a woman of integrity.

Returning to the legislation, the Censorship of Publications Board can examine any book or periodical for sale in the Republic of Ireland.

A publication found to be obscene can be prohibited, making its buying, selling or distribution in Ireland illegal. The details of the rules of the board are such that it can examine any book or periodical referred to it by a Customs and Excise officer or member of the public. The board can also examine any such publication on its own initiative. If it finds a certain publication to be obscene, it can be prohibited for a period. During this period, any buying, selling and distribution of the publication in the Republic of Ireland is banned. We must zoom in on the relevant section of the legislation. Surely Customs and Excise officers have enough to be doing without doing this kind of work. There is a high rate of crime, a large volume of drugs is imported, and there are big problems with illegal cigarettes. The Customs and Excise officers should be tackling these issues, not dealing with censorship.

The Censorship of Publications Act 1967 remains in place although the Irish social climate has greatly changed in the meantime. We all accept that the country has changed, although not always for the better, sadly. However, with regard to accountability, transparency and censorship, Ireland has generally changed for the better. In May 2006, Lee Dunne's novel Paddy Maguire is Dead, a semi-autobiographical novel about a writer's descent into alcoholism, was released here after its having been banned for 34 years. It was originally published in the United Kingdom in 1972 but was banned in Ireland on its release because it was thought to be indecent and obscene. Mr. Dunne's next six novels were also banned, making him the most banned author in Ireland. He was unable to get a book released in Ireland until the 1980s. This is but one example.

Since 2000, a total of eight books has been referred to the board, but none has been prohibited. No books are currently banned in Ireland on the grounds of indecency, but eight books about abortion continue to be censored. We have dealt with this.

I was very interested in hearing the Minister's remarks. He said that when trying to challenge these issues, one must have certain guidelines for society. I welcome the legislative changes in the Child Trafficking and Pornography Acts 1998 to 2004. Under this legislation, the distribution of pornography by film, video or other material was made illegal. There is legislation to protect citizens, including the vulnerable.

I strongly support the Prohibition of Incitement to Hatred Act 1989, which I sometimes believe is not implemented as much as it should be. It makes it an offence to publish or distribute written material that is threatening, abusive or insulting, or which stirs up hatred. This should be implemented a lot more in the State because we are aware that racism still exists. Such issues might be under the radar but one should not cod oneself that they are not arising. We hear of such issues regularly in our constituency clinics. It is important that the legislation is on the Statute Book. We should keep an eye on it regularly and use it more often.

The Minister referred to the regulation of the Internet. We have addressed this. If we find self-regulation in respect of the Internet is not effective, the Minister should consider introducing legislation. We must be very conscious of the issues that arise.

On the broader issue, I strongly support Deputy Niall Collins's comment that the board is obsolete and a quango. The board has had no new member since 2011, and only one book was referred to it over the past five years, namely Lauraby the Minister for Justice and Equality, Deputy Shatter. Since it was banned, sales increased. I do not know why people bought it but that is another debate.

The core issue concerns quangos. I am glad Minister of State Deputy Paschal Donohoe has joined us because he was another man who was ranting and raving about quangos before the last general election. I hope he will do so now and support the legislation. That no new board members have been appointed since 2011 is a testament to the fact that the board has outlived its use, having been completely bypassed by the Internet. Social values have changed immeasurably since 1946.

Consider the question of commitments in this area. Before the election, Fine Gael, in its documentation on reinventing government, promised the abolition of 145 State bodies and companies, including the dismantling of the HSE and FÁS. This was the cornerstone of its general election campaign. My good friend and colleague Deputy Shane Ross has raised this issue many times in regard to quangos. We must examine seriously the spending of public money and the use of resources, particularly in an economic downturn.

I welcome the publication of this legislation and commend Deputy Collins on bringing it before the House. Not only does it deal with reform but it also facilitates a debate on issues such as the censorship board, the Internet and some of the negative features of Irish society.

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