Finian McGrath (Dublin North Central, Independent)
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Question 88: To ask the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [18278/09]

Deirdre Clune (Cork South Central, Fine Gael)
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Question 90: To ask the Minister for Justice, Equality and Law Reform his views on a constitutional referendum to amend Article 40.6.1 of the Constitution to remove the reference to blasphemy in that provision of the Constitution; the effect such a change or the lack of such a change would have on the constitutional protection of freedom of speech; and if he will make a statement on the matter. [18304/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 88 and 90 together.

The Government has no immediate proposals for the holding of a referendum on blasphemy. The 1961 Defamation Act provides that a person can be both fined and imprisoned for a maximum of seven years for the crime of blasphemous libel. The Government is moving to reform that Act - for example by removing the possibility of imprisonment while respecting our Constitution, which requires specifically that blasphemy must be punishable by law. I have also removed the possibility of private prosecutions for blasphemy. It will no longer be a summary offence. All prosecutions would have to be brought by the Director of Public Prosecutions.

The intention is to strike a balance between the offence of blasphemy provided for in the constitution and the right to freedom of expression. At Committee stage I would be prepared to consider an amendment to the definition of "grossly abusive or insulting" with a view to striking that balance. I am also proposing the removal of imprisonment for the offence leaving a fine as the only sanction in the event of a conviction.