Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I note the comments in the current controversy about this matter. I understand that there have been no public prosecutions for blasphemy under the 2009 Act. I also understand the last prosecution for blasphemy by public authorities in Ireland is thought to have been in 1855, which is quite a distance back.

The current statutory provision for the offence of blasphemy is section 36 of the 2009 Act, which defines what constitutes blasphemy and what defences and penalties apply. My party opposed the inclusion of the offence of blasphemy in the Bill at the time, but the Act was introduced following the advice of successive Attorneys General that it was required following the Supreme Court's decision in what is known as the Corway case in order to give legislative effect to the offence of blasphemy contained in Article 46.1.1° of the Constitution. The Defamation Act abolished the possibility, formerly available under common law, of a private individual bringing a prosecution for blasphemy. The Corway case was a rare example of such a private prosecution but was unsuccessful.

Deputy Adams quite rightly raises the point that a referendum must be held to deal with this matter. The Constitution adopted in 1937 provides in Article 40.6.1° that blasphemy is a criminal offence. This article describes the constitutional right to freedom of expression and its limits and states: "The public utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law." The previous Government agreed a referendum should be held on blasphemy. It is a case of Government finding an opportunity to deal with this. A number of other matters arise from the Constitutional Convention that are well recommended and on which it is agreed referenda should be held. Clearly, in respect of the Citizens' Assembly, a referendum will be required in due course on Article 40.3.3°.

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