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Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: Outrage.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: That is a compliment.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: My recollection is that that was inserted to assuage the Labour Party.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: That is why there is a change in law so that it will be on indictment.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: When someone said that I would be out soon, I did not believe it for a minute as I knew this issue would attract lengthy discussion. The ability of the legal profession to engage in literary gymnastics when an issue is put before it never ceases to amaze me. I listened intently to Senator Regan and, whether we like it, he made his case. He acknowledged that we are obliged under the...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: We should be a little careful when we call for a referendum, in case we do not get the result we want. When I proposed an amendment in the Dáil to include in the Bill the section that is being discussed by this House now, the Labour Party tried to amend it. It was clear that the Labour Party, in tabling its amendments, had been advised that an offence of blasphemy needed to be provided...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: I will come back to Senator Regan, who took us on a tour of the world.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: Senator Norris took us on a tour of the history of the world. It was interesting to hear what other countries are doing.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: However, it does not change the hard fact that the Constitution, whether we like it, requires that blasphemy be an offence. It cannot be put any plainer than "the publication or utterance of blasphemous....matter is an offence which shall be punishable in accordance with law". If we choose to ignore the Constitution, or to take an À la carte approach to it, we will be abdicating our...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: On freedom of expression or any statement that might be made, while the courts have discretion and could narrowly interpret subsection (3), it is quite possible they could include what the Senator is suggesting, specifically, under the heading of academic value. It is possible for a court, taking a reasonable interpretation of subsection (3), to address the point the Senator is making on the...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: -----under the issue of academic value. We are trying to comply with the constitutional requirement in relation to the article on blasphemy and the requirement that it is to be punishable in accordance with the law. We are not having a constitutional referendum for the reason Senator Walsh referred to, namely, we have other priorities as a Government and as a Parliament. We should stick to...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: I meant the jurisdiction of the High Court. Again, I can put it no further. Probably most of us accept that having the offence of blasphemy is anathema to the type of society we have today. That reminds me of the linguistic gymnastics I mentioned. Senator Regan suggested, and Senator Bacik agrees, that we should deal with this in the incitement to hatred legislation. Although there may be...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: I have nothing more to say other than what I said about trying to suggest blasphemy and incitement to hatred are the same issue; they are not.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: The definition of blasphemy we have put in this Bill is along the same lines as that recommended by the Law Reform Commission. Senator Regan made the case that there needs to be an offence of blasphemy. He acknowledged that on his first and second interventions. However, his amendment proposes to delete the entire article.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: I am not altogether sure I wish to speak because in doing so I may raise another hare. I thank Senators for their contributions. As Senator Walsh noted, we took a circuitous and scenic route around the Bill on which everyone had an opportunity to speak. As such, it is not correct to claim it was guillotined. We have been dealing with this legislation since 2006. It was ventilated and,...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Dermot Ahern: I was subjected to criticism from Senator Regan but I can give it as much as the next fellow. The Labour Party tabled amendments in the Dáil and then spoke and voted against them and in favour of another amendment. Today, a similar approach has been taken, albeit by the Fine Gael Party, in that Senator Regan tabled an amendment but then sought to have another amendment passed when his...

Seanad: Land and Conveyancing Law Reform Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages. (9 Jul 2009)

Dermot Ahern: I welcome the presence of Ms Justice Catherine McGuinness and other members of the Law Reform Commission whom I thank for the work they carried out in the preparation of this Bill. I also thank the commission's staff. The principal amendment in Part 1 is amendment No. 12, which provides in the new text of section 5(3) for the making of regulations during a five-year period following...

Seanad: Land and Conveyancing Law Reform Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages. (9 Jul 2009)

Dermot Ahern: Yes. The second group of amendments, Nos. 28 and 29, insert a new Part 5 which makes specific statutory provision for the first time in Irish law for the variation of trusts. The enactment of such a provision was recommended by the Law Reform Commission in two reports entitled The Rule against Perpetuities and Cognate Rules, and The Variation of Trusts. In both reports, the commission...

Seanad: Land and Conveyancing Law Reform Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages. (9 Jul 2009)

Dermot Ahern: The third group of amendments relates to Part 7 of the Bill dealing with appurtenant rights, that is, rights that permit one landowner to do something on a neighbour's land, or entitle that landowner to prevent the neighbour from doing something on that neighbour's land. The amendments to section 33 arise from discussions on the acquisition of easements by means of the doctrine of lost modern...

Seanad: Land and Conveyancing Law Reform Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages. (9 Jul 2009)

Dermot Ahern: There is nothing to prevent people who are currently entered into leases from entering into reviews with a view to reducing their rents. We are trying to send a signal, albeit in relation to future leases. I know the Labour Party has published a Bill. We looked at it and to be honest it was endeavouring to meddle in the area of freely entered into leases and agreements, heretofore made....

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