Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

This case does not set a good precedent for the upcoming referendum on marriage equality. There is a fear that if Rory O'Neill was censored by RTE for speaking out about homophobia, then the same could also happen to other members of the LGBT community in the course of the debate. It is the LGBT community which is in a position to define what homophobia is. It is the LGBT community that is at the receiving end of homophobia and knows its demeaning and discriminatory characteristics best. In that context, we welcome the recent statement by Archbishop Diarmuid Martin.

We must be careful to avoid a politics of censorship surrounding this debate. This is not just about homophobia and gay marriage; it is about freedom of speech and the obligation of the State broadcaster to facilitate it. From the early 1970s until the early 1990s, republicans were banned from Irish airwaves and television screens. This ensured that important voices could not be heard and that a State-centred view of the Troubles prevailed unopposed. It is not acceptable for RTE, as the State broadcaster, to censor this or any other debate on issues to do with human rights and the equal standing of minority groups before the law. RTE must ensure the LGBT community receives adequate air time in the run up to the referendum on marriage equality. We are focusing on RTE in this debate, but we should remember there are other television broadcasters in the State as well as a range of radio stations, all of which are subject to legislation.

I have several questions for the Minister. Why did RTE not contest the allegations made against it by John Waters etc. and why did the Minister not intervene? One is either for freedom of speech or one is against it; there can be no half measures. As Minister with responsibility for the national broadcaster, Deputy Rabbitte failed to defend this basic premise on behalf of the people of Ireland. Maidir le TG4, tá bród orainn go dtugann sé léargas eile ar an saol in Éireann and that it has branded itself as the "súil eile". In an Ireland of diverse communities, TG4 has experience in broadcasting content that is outside of the mainstream and it has a remit in this area. It would be unfortunate if RTE had the monopoly on public service broadcasting on this issue. It is important that funding for TG4 is secured and that it is held to the same rigorous standard as applies to RTE under the equality legislation.

I am very proud that Sinn Féin launched a paper on LGBT rights in Ireland at our recent Ard-Fheis in Wexford, where my colleague, Chris Curran, spoke very strongly on these issues. He highlighted the failure by successive Governments to have the moral courage to stand up for what is right. We must never forget that this State was shamed into the decriminalisation of homosexuality by the European Court of Human Rights. The prolonged effect of this State-led discrimination has not only left a legacy of inequality, mental health issues and discrimination; it leaves overt and subtle homophobia and transphobia unhindered to undermine and demean LGBT people. This is not just an Irish phenomenon. The regressive legislation adopted in Russia and Uganda, for example, sends a message around the world that gay people are something other than normal.

In an Irish context, we have a State broadcaster unable to cope when challenged with subtle homophobia being brought to the surface.