Gerry Horkan (Fianna Fail) | Oireachtas source

I thank the Minister of State, not just for his very comprehensive outline of what is being proposed but for the brevity with which he delivered it. Fianna Fáil believes the current provisions on blasphemy in the Constitution are outdated and should be removed. Ireland is one of only seven countries in Europe where blasphemy is still an offence. The Bill proposes the removal of the offence of blasphemy from the Constitution by way of referendum. Article 40.6.1°.i provides that the offence of blasphemy is punishable according to law, and the Defamation Act 2009 defines that offence, and provides that a person shall be liable upon conviction or indictment for a maximum fine of €25,000. The Minister of State outlined many reasons that we should remove blasphemy.

Freedom of expression is very important. It is the cornerstone of a democratic society, and any constraints on it must be clear and limited and this is not the case with blasphemy in Article 40.6.1°.i It tends to protect believers over non-believers in its current form. Ireland has changed very significantly in recent times. The Minister of State made the point that Islamic and other states are using Ireland's law as a defence of their blasphemy laws.

Hate crime legislation will protect deeply-held beliefs more effectively than the blasphemy laws by ensuring that all religious groups are protected from incitement without unduly constraining freedom. My party, Fianna Fáil, introduced the Criminal Justice (Aggravation by Prejudice) Bill 2016 in July of that year and despite having undergone pre-legislative scrutiny in May 2017, the Government has not issued a message pursuant to Article 17.2 of the Constitution in order that a money message provision be issued in relation to the Bill, so it has been prevented from proceeding. The Government sought and was granted an exemption from pre-legislative scrutiny for this Bill by the Dáil Business Committee, but it is noteworthy that Bills introduced by other parties, in particular, the Social Democrats' 2017 Bill on this issue, have not been allowed to pass beyond Second Stage.

I am certainly not going to delay this legislation. We all understand the need for it and the speed with which it needs to go through both Houses because of the presidential election and having the referendum on the same day. I do not doubt but that Senators Conway and Ó Donnghaile will try to be as brief as I have been. I thank the Minister of State. We will try to proceed with as much speed as we can for the rest of the afternoon.