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

Ivana Bacik: The definition of religion is very broad in its terms, which might make it easier for a prosecution to be instituted. The definition of religion in section 36(4) states what it does not include as follows: (4) In this section "religion" does not include an organisation or cult--- (a) the principal object of which is the making of profit, or (b) that employs oppressive psychological...

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

Ivana Bacik: Most people who have been contacting us have been opposing the idea of the blasphemy offence at all. Where we look at the definition of religion, the problem is that it is still too vague and leaves wide open the possibility of what I would describe as cranks. The danger is that it becomes a cranks' charter. The Minister has said he hopes the State will not proceed and that prosecutions...

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

Ivana Bacik: -----by an individual who took offence at a satirical cartoon that he claimed caused offence to the Eucharist. There are cranks in all sorts of religions.

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

Ivana Bacik: Anyone who has any regard for the history of censorship in Ireland will recognise a long history of repression in the name of religion. For a long time institutions such as the Magdalene laundries symbolised the sexual repression of women in particular in the name of religion and in the name of the domination in this society by the Catholic Church in particular. Anyone with regard for that...

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

Ivana Bacik: I believe "tree huggers" is the usual phrase.

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

Ivana Bacik: Is that a Government commitment to introduce a referendum on this issue?

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

Ivana Bacik: Does Senator Mullen ever use the word "secularism" without placing the word "aggressive" in front of it?

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

Ivana Bacik: It is nothing personal.

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

Ivana Bacik: Or woman.

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

Ivana Bacik: Hear, hear.

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

Ivana Bacik: Or his telephone.

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

Ivana Bacik: I do not believe we have.

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

Ivana Bacik: On a point of order, the speaker is asking for tolerance of language. I am not sure if it is in order for a speaker in this debate to be challenging other Members of the House and accusing them of being abusive. I do not think anyone who is critical of this offence made comments like that about anyone on the other side.

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

Ivana Bacik: Unless one does not agree with the Senator.

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

Ivana Bacik: I do not think their demise had anything to do with their desire to see God taken out of the Constitution.

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

Ivana Bacik: On a point of order, I wish to correct the record, I am grateful to the Minister for responding to my point and acknowledging it is a matter of Circuit Court jurisdiction on indictment. Clearly it is because the Circuit Court has jurisdiction-----

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

Ivana Bacik: It is because the point of order applies to the Minister saying it would be possible to appeal to the High Court. More correctly, it would be possible to appeal to the Court of Criminal Appeal.

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

Ivana Bacik: As Senator Regan said, it is most unfortunate that we had to vote against this Bill. I speak for Senator O'Toole and others when I say we welcomed much of what was in the Bill and recognised it represents a genuine attempt to reform the law on defamation. However, the Minister scuppered the general support for the Bill with an ill-judged and unnecessary amendment which was brought in, as...

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

Ivana Bacik: The Supreme Court did not strike down section 13 of the 1961 Act, nor was there any pressing urgency. Further, no prosecutions for blasphemy had been initiated which could not be sustained. As I indicated, I disagree with the Minister on whether it was necessary to insert a statutory definition of blasphemy. It is unfortunate this has been done. If the interpretation had been agreed, an...

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

Ivana Bacik: I will conclude. An alternative proffered by Senators on this side was not countenanced by the Minister. The real alternative, however, is to change the Constitution to remove reference to the outdated offence of blasphemy.

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