Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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555. To ask the Minister for Justice and Equality if she has considered the Constitutional Convention's report on blasphemy; if she will legislate for the recommendation rather than deal with it by referendum; and if she will make a statement on the matter. [21728/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The offence of blasphemy is contained in Article 40.6.1(i) of the Constitution, which provides that 'The publication or utterance of blasphemous ... material is an offence which shall be punishable in accordance with law.'

The current statutory provision for the offence of blasphemy is section 36 of the Defamation Act 2009, which defines what constitutes blasphemy, and what defences and penalties apply. It was introduced following the advice of successive Attorneys General that it was required, following the Supreme Court’s decision in the Corway case in order to give legislative effect to the offence of blasphemy contained in Article 40.6.1(i) of the Constitution. Therefore, whether the legislative provision can be removed will depend on whether the constitutional position of blasphemy is changed by referendum.

The Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy contained in Article 40.6.1.1 of the Constitution, in response to the 6th Report of the Convention on the Constitution. The Government's response was presented in the Dáil last October.

The work necessary to prepare a Referendum Bill, and a Bill to amend the current legislative provision for the offence of blasphemy, is ongoing in my Department.

An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Earlier this year, the Taoiseach confirmed in the Dáil that the blasphemy referendum would not be held in 2015, as two referenda had already been scheduled.

In the meantime, my officials and I are working on preparing the necessary legislation, which is included in the current Government Legislative Programme.