Seanad debates

Tuesday, 11 March 2008

Defamation Bill 2006: Report and Final Stages

 

7:00 pm

Photo of Alex WhiteAlex White (Labour)

It is an interesting decision of the Minister to drop section 35 in its entirety from the Bill. The rationale for his doing so is compelling. Obviously, the amendment my party has tabled will not be proceeded with because it was to amend one subsection of section 35.

On the Minister's general argument, Senator Regan and I are members of the Oireachtas Joint Committee on the Constitution. The Minister was Chairman of the committee at one stage. I noted his frustration — it was said with a bit of a sigh — that he did not think there would ever be a referendum on the issue of blasphemy. I certainly hope that at some point we might find an opportunity, perhaps in a wider review of the Constitution where a number of proposals were put to the people dealing with some of these questions. The offence of blasphemy is problematic for all kinds of reasons, but I can express my views in that regard at the deliberations of the joint committee.

What the Minister proposes seems to make sense. Does he or the Attorney General have any concerns in respect of the balance with which we are now left, namely, that the constitutional offences remain but there are no sanctions in respect of them, and whether that will remain the position, even for the relatively short period for which the Minister hopes or perhaps the somewhat lengthier period than he hopes for?

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