Terence Flanagan (Dublin North East, Independent)
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172. To ask the Minister for Justice and Equality the background to the introduction of section 36 of the Defamation Act 2009; and if he will make a statement on the matter. [47538/13]

Alan Shatter (Dublin South, Fine Gael)
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Section 36 of the Defamation Act 2009 concerns publication or utterance of blasphemous matter and the related Section 37 concerns seizure of copies of blasphemous statements. These sections replaced section 13 of the Defamation Act 1961 which provided for the offence of blasphemous libel punishable by monetary and prison penalties - a term of up to 2 years imprisonment was possible.

The provisions in sections 36 and 37 have regard to the legal advice from successive Attorneys General in the context of blasphemy, to the effect that we must address this matter as a constitutional obligation and ensure no default in compliance with the Constitution in relation to Article 40.6.1.i. Thus, in repealing the previous provision in the 1961 Act, a replacement provision was required.

Prior to its examination by the Constitutional Convention on 3 November, this issue had previously been examined by the Constitutional Review Group in its 1996 Report, which recommended deletion of the references contained in Article 40.6.1.i. of the Constitution. The Joint Oireachtas Committee on the Constitution, in its July 2008 Report entitled “Article 40.6.1.i - Freedom of Expression” which dealt, inter alia, with blasphemy also recommended deletion. However, the Committee saw no need for a Constitutional amendment in the short term, but rather that we might avail of any appropriate opportunity in the future.