Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I wish to make a statement on general principles in the area to underscore what the Minister said and to respond briefly to the points various Deputies have made this morning.

I agree with Deputy Kelleher’s point that for the vast majority of purchases or engagements people have with art, the ones who should determine whether it is acceptable – be it music, film or books – are the people themselves. The State or its organs do not have a role to play. That view is a reflection of the times in which we live. Previously, at a different time in the history of our country a different consensus existed and the laws and institutions of the time reflected the consensus. The existence of legislation and the bodies such as those under discussion reflect a view of society from a previous time.

There are some exceptions to the overall view and they broadly fall into two categories. The first relates to the creation of material that could result in hurt or damage to an individual or where the consumption of such material could have such an effect. As previous speakers indicated, we now have legislation on the Statute Book to address those particular and specific areas about which we all have great concern, such as incitement to hatred and child pornography. They are specific areas in which the State has a role and it is now fulfilled by other legislation that is on the Statute Book.

We are referring to bodies that have not banned any piece of art for ten years. In the case of the boards of both bodies, it is quite a period of time since either met, which leads on to the final point in terms of their relevance. Due diligence must be done following a complaint made about legislation relating to an existing body. That must be dealt with fairly, which we will do. I assure Deputy Kelleher that the book, including the portion of it that he appears so eager to read, is currently available and has been set free.

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