Blasphemy law in Ireland
Encyclopedia
In the Republic of Ireland
, blasphemy
is required to be prohibited by Article 40.6.1.i. of the 1937 Constitution
. The common law
offence of blasphemous libel
was effectively replaced in 2009 by a new offence of "publication or utterance of blasphemous matter". The continued existence of a blasphemy offence is controversial, with proponents of freedom of speech
and freedom of religion
arguing it should be removed.
, Adam Duff O'Toole was burned alive in Dublin in 1327 for heresy
and blasphemy.
The legal system of Ireland
grew out of the common law
system of English law
. The common law offence of blasphemous libel applied only to Christianity
. Spoken blasphemy was also an offence. Profanity
was generally regarded by legal scholars as synonymous with blasphemy. The penalty for a first offence was an unlimited fine and imprisonment; for a second offence it was banishment. The Anglican Church of Ireland
was the established church from 1536 to 1871. Whether the crime could be committed against a denomination
other than the established church was unclear; John Kelly
suggested not.
There was a prosecution in the Kingdom of Ireland
for blasphemous libel in 1703: Thomas Emlyn, a Unitarian
minister, was fined £1,000 and imprisoned for one year for denying the Divinity of Christ. Other incidents that century did not result in prosecutions. In 1713, Peter Browne, bishop of Cork and Ross
preached that loyal toast
s to "the glorious, pious, and immortal memory" of King William
were blasphemous. The same year, a convocation
of the Church of Ireland recommended prosecution of Robert Molesworth
for "an indictable profanation of the holy scriptures", after he had quoted Scripture in the course an insult to their representatives at a viceregal
levée
. In 1756, Robert Clayton, Bishop of Clogher
, questioned the Nicene Creed
in a tract on religious tolerance; he was condemned by other bishops, but died before any prosecution for blasphemy was brought.
In 1852, in the United Kingdom of Great Britain and Ireland
, John Syngean Bridgman, a Franciscan
friar, was convicted in County Mayo
after burning
an Authorized King James Bible. He viewed it as a souperist
work inferior to the Catholic Douay-Rheims Bible. While the indictment described his actions as "in contempt of the Protestant religion", Judge Thomas Langlois Lefroy
advised the jury "it is not the version of the Scriptures which will warrant the commission of such an offence" but rather "a want of reverence to the Scriptures". In 1855 at Kingstown
, a Protestant Bible was burned on a bonfire of "irreligious" books organised by Vladimir Petcherine, a Catholic priest. He was acquitted of blasphemy after claiming he had not intended to burn any Bibles.
, provided they were consistent with the 1922 Constitution
, and later the current (1937) Constitution
. The last British prosecution till 1977 was Bowman v Secular Society Limited in 1917. The Irish Law Reform Commission's 1991 consultation paper on the crime of libel states, "if a case had arisen between Bowman in 1917 and 1937, it seems likely that an Irish court would have found the views in Bowman persuasive".
Article 40.6.1.i. of the 1937 Constitution states "The publication or utterance of blasphemous, seditious or indecent matter is an offence which shall be punishable in accordance with law". Article 44.1 states "The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion."
In 1957, The Rose Tattoo
was produced at the inaugural Dublin Theatre Festival
. Alan Simpson, owner of the Pike Theatre Club, was prosecuted for "producing for gain an indecent and profane performance", with obscenity
later added to the charge. The play's detractors were concerned by its sexual content rather than religion. The Law Reform Commission's 1991 report comments "the equation of indecency and obscenity with profanity is probably misconceived. Although profane matter may sometimes be obscene or indecent, it is not necessarily so."
Section 13 of the Defamation Act, 1961 prescribed penalties for blasphemous libel, but did not define the offence, which was presumed still to be the common-law offence. The new maximum penalties were seven years' penal servitude, or two years' imprisonment
and a £500 fine. The only attempted prosecution since 1855 was in 1999, when John Corway brought a private prosecution
against Independent Newspapers
and Irish Independent
editor Aengus Fanning
for an editorial cartoon
published during the 1995 divorce referendum
, which depicted the government parties' leaders snubbing a Catholic priest
who was holding out a Communion wafer. The Supreme Court
ruled that the 1937 Constitution had extinguished the common law offence, stating "It is difficult to see how the common law crime of blasphemy, related as it was to an established Church and an established religion could survive in ... a Constitution guaranteeing freedom of conscience, and the free profession and practice of religion." It refused to allow the prosecution, stating "in the absence of any legislative definition of the constitutional offence of blasphemy, it is impossible to say of what the offence of blasphemy consists ... In the absence of legislation and in the present uncertain state of the law the Court could not see its way to authorising the institution of a criminal prosecution".
. A referendum solely for that purpose "would rightly be seen as a time wasting and expensive exercise". The Commission's report, therefore, outlined criteria for a statutory definition of blasphemy which could serve until such time as Article 40.6.1.i might be changed as part of a broader Constitutional amendment. The 1996 report of the Oireachtas
Constitution Review Group agreed that "The retention of the present constitutional offence of blasphemy is not appropriate."
The Defamation Act 2009 (introduced as the Defamation Bill 2006) implemented many of the recommendations of the Commission's 1991 report. Originally, it omitted reference to blasphemy, pending a review by the Oireachtas Joint Committee
on the Constitution. In March 2008, Brian Lenihan
, then Minister for Justice, Equality and Law Reform, said:
The Joint Committee on the Constitution's report on Article 40.6.1.i. was published in July 2008. The Committee had discussed the case of comedian Tommy Tiernan
, whose stand-up routine on The Late Late Show
parodied the Gospels, offending many viewers. The Bar Council of Ireland
made a presentation to the Committee, pointing out that blasphemy and treason
were the only crimes specifically mentioned in the Constitution. Neville Cox stated:
The Oireachtas Committee's report concluded:
On 20 May 2009 at the Bill's committee stage, the section dealing with blasphemy was introduced by Minister for Justice Dermot Ahern
as an amendment. Section 36 defines a new offence of "Publication or utterance of blasphemous matter", which carries a maximum fine of €25,000. The offence consists of uttering material "grossly abusive or insulting in relation to matters held sacred by any religion", when the intent and result is "outrage among a substantial number of the adherents of that religion". A defence
is permitted for work of "genuine literary, artistic, political, scientific, or academic value". "Religion" excludes profit-driven organizations or those using "oppressive psychological manipulation
".
Ahern said:
President Mary McAleese
convened the Council of State
to discuss whether the Bill should be referred to the Supreme Court to test its Constitutionality; she decided not to do so. The Bill became Law on 23 July 2009, and came into effect on 1 January 2010.
In March 2010, Ahern's press officer said the minister might ask the cabinet
to hold a referendum to remove the reference to blasphemy from the Constitution in autumn 2010, at the same time tentatively planned for a referendum on an amendment relating to children's rights
. Asked about this in the Dáil, Ahern did not offer any commitment, but said:
In the event, no referendums were held before the dissolution of the 30th Dáil in January 2011. Before the ensuing general election, Atheist Ireland asked parties "Do you believe that blasphemy should be a criminal offence?" Fine Gael
, Sinn Féin
, and the Workers' Party said not, while Labour
and the Green Party
supported a referendum to remove the constitutional requirement. After the election, the Fine Gael–Labour coalition
's programme for government promised a constitutional convention
to draft a range of reforms, including "Removing blasphemy from the Constitution".
was banned by Frank Hall
in 1980 for being blasphemous; when resubmitted in 1987 it was passed uncut by his successor Sheamus Smith. These Acts apply only to cinema
films; the Video Recordings Act, 1989 does not include blasphemy as grounds for prohibition.
The Censorship of Publications Acts (1929 and 1946) did not include blasphemy among possible grounds for banning, which were indecency, obscenity, promotion of "unnatural" contraception
or abortion
, and (in the case of periodicals) excessive focus on crime. In the debate on the 1946 Bill, Senator Louis O'Dea
suggested adding blasphemy as a criterion.
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
is required to be prohibited by Article 40.6.1.i. of the 1937 Constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. The common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
offence of blasphemous libel
Blasphemous libel
Blasphemous libel was originally an offence under the common law of England. It is an offence under the common law of Northern Ireland. It is a statutory offence in Canada and New Zealand...
was effectively replaced in 2009 by a new offence of "publication or utterance of blasphemous matter". The continued existence of a blasphemy offence is controversial, with proponents of freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
arguing it should be removed.
Early history
According to Holinshed's ChroniclesRaphael Holinshed
Raphael Holinshed was an English chronicler, whose work, commonly known as Holinshed's Chronicles, was one of the major sources used by William Shakespeare for a number of his plays....
, Adam Duff O'Toole was burned alive in Dublin in 1327 for heresy
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
and blasphemy.
The legal system of Ireland
Law of the Republic of Ireland
The law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority...
grew out of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system of English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. The common law offence of blasphemous libel applied only to Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
. Spoken blasphemy was also an offence. Profanity
Profanity
Profanity is a show of disrespect, or a desecration or debasement of someone or something. Profanity can take the form of words, expressions, gestures, or other social behaviors that are socially constructed or interpreted as insulting, rude, vulgar, obscene, desecrating, or other forms.The...
was generally regarded by legal scholars as synonymous with blasphemy. The penalty for a first offence was an unlimited fine and imprisonment; for a second offence it was banishment. The Anglican Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
was the established church from 1536 to 1871. Whether the crime could be committed against a denomination
Christian denomination
A Christian denomination is an identifiable religious body under a common name, structure, and doctrine within Christianity. In the Orthodox tradition, Churches are divided often along ethnic and linguistic lines, into separate churches and traditions. Technically, divisions between one group and...
other than the established church was unclear; John Kelly
John M. Kelly (politician)
John Maurice Kelly was an Irish legal academic and senior Fine Gael politician.-Education:Kelly received his primary and secondary education at St Conleth's College in Dublin 4 and at the Glenstal Abbey boarding school in County Limerick, respectively.He attended University College Dublin between...
suggested not.
There was a prosecution in the Kingdom of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
for blasphemous libel in 1703: Thomas Emlyn, a Unitarian
Unitarianism
Unitarianism is a Christian theological movement, named for its understanding of God as one person, in direct contrast to Trinitarianism which defines God as three persons coexisting consubstantially as one in being....
minister, was fined £1,000 and imprisoned for one year for denying the Divinity of Christ. Other incidents that century did not result in prosecutions. In 1713, Peter Browne, bishop of Cork and Ross
Bishop of Cork and Ross
The Bishop of Cork and Ross is an episcopal title which takes its name after the city of Cork and the town of Rosscarbery in Ireland. The title was first used by the Church of Ireland from 1638 to 1660 and again from 1679 to 1835...
preached that loyal toast
Loyal toast
A loyal toast is a salute given to the head of state of the country in which a formal gathering is being given, or by expatriates of that country, whether or not the particular head of state is present. It is usually a matter of protocol at state and military occasions, and a display of patriotic...
s to "the glorious, pious, and immortal memory" of King William
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
were blasphemous. The same year, a convocation
Convocation
A Convocation is a group of people formally assembled for a special purpose.- University use :....
of the Church of Ireland recommended prosecution of Robert Molesworth
Robert Molesworth, 1st Viscount Molesworth
Robert Molesworth, 1st Viscount Molesworth PC came of an old Northamptonshire family. He married Letitia Coote, daughter of Richard Coote, 1st Lord Coote of Coloony and Mary St. George.His father Robert Robert Molesworth, 1st Viscount Molesworth PC (7 September 1656 – 22 May 1725) came of an old...
for "an indictable profanation of the holy scriptures", after he had quoted Scripture in the course an insult to their representatives at a viceregal
Lord Lieutenant of Ireland
The Lord Lieutenant of Ireland was the British King's representative and head of the Irish executive during the Lordship of Ireland , the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...
levée
Levee (event)
The levée is a New Year's Day social event hosted by the Governor General of Canada, the lieutenant governors, military establishments, municipalities and other institutions.- History :The word levée The levée is a New Year's Day social event hosted by the Governor General of Canada, the lieutenant...
. In 1756, Robert Clayton, Bishop of Clogher
Bishop of Clogher
The Bishop of Clogher is an episcopal title which takes its name after the village of Clogher in County Tyrone, Northern Ireland. Following the Reformation, there are now parallel apostolic successions: one of the Church of Ireland and the other of the Roman Catholic Church.-History:Clogher is one...
, questioned the Nicene Creed
Nicene Creed
The Nicene Creed is the creed or profession of faith that is most widely used in Christian liturgy. It is called Nicene because, in its original form, it was adopted in the city of Nicaea by the first ecumenical council, which met there in the year 325.The Nicene Creed has been normative to the...
in a tract on religious tolerance; he was condemned by other bishops, but died before any prosecution for blasphemy was brought.
In 1852, in the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
, John Syngean Bridgman, a Franciscan
Franciscan
Most Franciscans are members of Roman Catholic religious orders founded by Saint Francis of Assisi. Besides Roman Catholic communities, there are also Old Catholic, Anglican, Lutheran, ecumenical and Non-denominational Franciscan communities....
friar, was convicted in County Mayo
County Mayo
County Mayo is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Mayo, which is now generally known as Mayo Abbey. Mayo County Council is the local authority for the county. The population of the county is 130,552...
after burning
Book burning
Book burning, biblioclasm or libricide is the practice of destroying, often ceremoniously, books or other written material and media. In modern times, other forms of media, such as phonograph records, video tapes, and CDs have also been ceremoniously burned, torched, or shredded...
an Authorized King James Bible. He viewed it as a souperist
Souperism
Souperism was a phenomenon of the Irish Potato Famine. Non-Roman Catholic Bible societies set up schools in which starving children were fed, and were subjected to religious instruction at the same time. Its practitioners were reviled by the Catholic families who had to choose between their faith...
work inferior to the Catholic Douay-Rheims Bible. While the indictment described his actions as "in contempt of the Protestant religion", Judge Thomas Langlois Lefroy
Thomas Langlois Lefroy
Thomas Langlois Lefroy was an Irish-Huguenot politician and judge. He served as an MP for the constituency of Dublin University 1830–1841, Privy Councillor of Ireland 1835–1869 and Lord Chief Justice of Ireland 1852–1866....
advised the jury "it is not the version of the Scriptures which will warrant the commission of such an offence" but rather "a want of reverence to the Scriptures". In 1855 at Kingstown
Dún Laoghaire
Dún Laoghaire or Dún Laoire , sometimes anglicised as "Dunleary" , is a suburban seaside town in County Dublin, Ireland, about twelve kilometres south of Dublin city centre. It is the county town of Dun Laoghaire-Rathdown County and a major port of entry from Great Britain...
, a Protestant Bible was burned on a bonfire of "irreligious" books organised by Vladimir Petcherine, a Catholic priest. He was acquitted of blasphemy after claiming he had not intended to burn any Bibles.
Independence
Common law precedents persisted after the creation in 1922 of the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
, provided they were consistent with the 1922 Constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
, and later the current (1937) Constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. The last British prosecution till 1977 was Bowman v Secular Society Limited in 1917. The Irish Law Reform Commission's 1991 consultation paper on the crime of libel states, "if a case had arisen between Bowman in 1917 and 1937, it seems likely that an Irish court would have found the views in Bowman persuasive".
Article 40.6.1.i. of the 1937 Constitution states "The publication or utterance of blasphemous, seditious or indecent matter is an offence which shall be punishable in accordance with law". Article 44.1 states "The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion."
In 1957, The Rose Tattoo
The Rose Tattoo
- External links :*...
was produced at the inaugural Dublin Theatre Festival
Dublin Theatre Festival
The Dublin Theatre Festival is Europe's oldest specialized theatre festival. It was founded by theatre impresario Brendan Smith in 1957 and has, with the exception of two years, produced a season of international and Irish theatre each autumn. It is one of a number of key post-World War II events...
. Alan Simpson, owner of the Pike Theatre Club, was prosecuted for "producing for gain an indecent and profane performance", with obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
later added to the charge. The play's detractors were concerned by its sexual content rather than religion. The Law Reform Commission's 1991 report comments "the equation of indecency and obscenity with profanity is probably misconceived. Although profane matter may sometimes be obscene or indecent, it is not necessarily so."
Section 13 of the Defamation Act, 1961 prescribed penalties for blasphemous libel, but did not define the offence, which was presumed still to be the common-law offence. The new maximum penalties were seven years' penal servitude, or two years' imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
and a £500 fine. The only attempted prosecution since 1855 was in 1999, when John Corway brought a private prosecution
Private prosecution
A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state...
against Independent Newspapers
Independent News & Media
Independent News & Media plc , is a media organisation based in Dublin, Ireland, with interests in 22 countries on 4 continents worldwide. The company owns over 200 print titles, more than 130 radio stations, over 100 commercial websites and many billboard locations, and is a leading press player...
and Irish Independent
Irish Independent
The Irish Independent is Ireland's largest-selling daily newspaper that is published in both compact and broadsheet formats. It is the flagship publication of Independent News & Media.-History:...
editor Aengus Fanning
Aengus Fanning
Aengus Fanning is an Irish journalist and former editor of farming of the Irish Independent. Originally from Tralee in County Kerry, he has been the editor of the Sunday Independent since...
for an editorial cartoon
Editorial cartoon
An editorial cartoon, also known as a political cartoon, is an illustration containing a commentary that usually relates to current events or personalities....
published during the 1995 divorce referendum
Fifteenth Amendment of the Constitution of Ireland
The Fifteenth Amendment of the Constitution of Ireland repealed the constitutional prohibition of divorce. It was effected by the Fifteenth Amendment of the Constitution Act, 1995, which was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.-Changes to the...
, which depicted the government parties' leaders snubbing a Catholic priest
Priesthood (Catholic Church)
The ministerial orders of the Catholic Church include the orders of bishops, deacons and presbyters, which in Latin is sacerdos. The ordained priesthood and common priesthood are different in function and essence....
who was holding out a Communion wafer. The Supreme Court
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
ruled that the 1937 Constitution had extinguished the common law offence, stating "It is difficult to see how the common law crime of blasphemy, related as it was to an established Church and an established religion could survive in ... a Constitution guaranteeing freedom of conscience, and the free profession and practice of religion." It refused to allow the prosecution, stating "in the absence of any legislative definition of the constitutional offence of blasphemy, it is impossible to say of what the offence of blasphemy consists ... In the absence of legislation and in the present uncertain state of the law the Court could not see its way to authorising the institution of a criminal prosecution".
Defamation Act 2009
The Law Reform Commission's 1991 Report opined that "there is no place for the offence of blasphemous libel in a society which respects freedom of speech." It said the Prohibition of Incitement to Hatred Act 1989 provided an adequate protection for outrage against religious belief. However, since banning blasphemy is mandated by the Constitution, abolishing the offence would require a referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
. A referendum solely for that purpose "would rightly be seen as a time wasting and expensive exercise". The Commission's report, therefore, outlined criteria for a statutory definition of blasphemy which could serve until such time as Article 40.6.1.i might be changed as part of a broader Constitutional amendment. The 1996 report of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
Constitution Review Group agreed that "The retention of the present constitutional offence of blasphemy is not appropriate."
The Defamation Act 2009 (introduced as the Defamation Bill 2006) implemented many of the recommendations of the Commission's 1991 report. Originally, it omitted reference to blasphemy, pending a review by the Oireachtas Joint Committee
Joint committee
A Joint Committee is a term in politics that is used to refer to a committee made up of members of both chambers of a bicameral legislature. In other contexts, it refers to a committee with members from more than one organization.-Republic of Ireland:...
on the Constitution. In March 2008, Brian Lenihan
Brian Lenihan
Brian Patrick Lenihan was an Irish Fianna Fáil politician, who served in a range of cabinet positions, most notably as Tánaiste , Minister for Foreign Affairs and Minister for Justice....
, then Minister for Justice, Equality and Law Reform, said:
- In England and Wales blasphemy traditionally only consisted in the scandalising of the established church. It is probably the case in Ireland, with the enactment of the Article 44 provision in 1937, that blasphemy was extended to cover all of the denominations recognised in the Constitution and that in 1972Fifth Amendment of the Constitution of IrelandThe Fifth Amendment of the Constitution of Ireland removed from the constitution a controversial reference to the "special position" of the Roman Catholic Church as well as recognition of certain other named religious denominations...
it passed into a stage where it extended itself to all theisticTheismTheism, in the broadest sense, is the belief that at least one deity exists.In a more specific sense, theism refers to a doctrine concerning the nature of a monotheistic God and God's relationship to the universe....
religions, since all theistic religions are honoured by the Constitution, although Christianity is uniquely invoked in the preamble.
The Joint Committee on the Constitution's report on Article 40.6.1.i. was published in July 2008. The Committee had discussed the case of comedian Tommy Tiernan
Tommy Tiernan
Tommy Tiernan is an Irish comedian, actor and writer. He and Hector Ó hEochagáin present The Tommy and Hector Show on i102-104FM. Tiernan also featured in Father Ted.-Early life:...
, whose stand-up routine on The Late Late Show
The Late Late Show
The Late Late Show, sometimes referred to as The Late Late, or in some cases by the acronym LLS, is the world's longest-running chat show by the same broadcaster and the official flagship television programme of Irish broadcasting company RTÉ...
parodied the Gospels, offending many viewers. The Bar Council of Ireland
Bar Council of Ireland
The Bar Council of Ireland is the regulatory and representative body for barristers practising law in the Republic of Ireland. The Council is composed of twenty-five members composed of twenty elected members, four co-opted members and Attorney-General who holds office ex officio. The elected...
made a presentation to the Committee, pointing out that blasphemy and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
were the only crimes specifically mentioned in the Constitution. Neville Cox stated:
- When the English Parliament originally enacted blasphemy laws, it was with a view to appeasing an angry God who was irritated by despicable literature and who was causing plagues and fires to occur in London. That was the historical reason for the law. The Law Commission in EnglandLaw Commission (England and Wales)In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
suggested that there were two types of situation where what had previously been characterised as blasphemous material might generate a public interest in its prohibition. The first is where there is incitement to hatred and the second is where there is simply an excessive offence to religious sensibilities. The term “blasphemy” does not relate to either of these. It is, therefore, a misdescription of a changed law.
The Oireachtas Committee's report concluded:
- The reference itself has effectively been rendered a "dead letter" by virtue of the decision of the Supreme Court in Corway. Furthermore, the Committee is of the view that in a modern Constitution, blasphemy is not a phenomenon against which there should be an express constitutional prohibition.
On 20 May 2009 at the Bill's committee stage, the section dealing with blasphemy was introduced by Minister for Justice Dermot Ahern
Dermot Ahern
Dermot Christopher Ahern is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Louth constituency from 1987 to 2011...
as an amendment. Section 36 defines a new offence of "Publication or utterance of blasphemous matter", which carries a maximum fine of €25,000. The offence consists of uttering material "grossly abusive or insulting in relation to matters held sacred by any religion", when the intent and result is "outrage among a substantial number of the adherents of that religion". A defence
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
is permitted for work of "genuine literary, artistic, political, scientific, or academic value". "Religion" excludes profit-driven organizations or those using "oppressive psychological manipulation
Psychological manipulation
Psychological manipulation is a type of social influence that aims to change the perception or behavior of others through underhanded, deceptive, or even abusive tactics. By advancing the interests of the manipulator, often at the other's expense, such methods could be considered exploitative,...
".
Ahern said:
- I am ... puzzled as to the hysterical and incorrect reaction whipped up by some media reporters and commentators on this point. ... I as the responsible Minister, and we as legislators, do not have the luxury of pursuing a "do nothing" approach while we wait for an opportune moment to move a constitutional amendment.
President Mary McAleese
Mary McAleese
Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in...
convened the Council of State
Council of State (Ireland)
The Council of State is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of his or her discretionary, reserve powers...
to discuss whether the Bill should be referred to the Supreme Court to test its Constitutionality; she decided not to do so. The Bill became Law on 23 July 2009, and came into effect on 1 January 2010.
Proposed referendum
The advocacy group Atheist Ireland responded to the enactment by announcing the formation of the "Church of Dermotology". On the date on which the law came into effect, Atheist Ireland published a series of potentially blasphemous quotations on its website and vowed to challenge any resulting legal action. It also said that it would be holding a series of public meetings to launch a campaign for secular constitutional reform.In March 2010, Ahern's press officer said the minister might ask the cabinet
Government of the 30th Dáil
The 30th Dáil was elected at the 2007 general election on 24 May 2007 and first met on 14 June when President Mary McAleese appointed Bertie Ahern as Taoiseach, on the nomination of Dáil Éireann...
to hold a referendum to remove the reference to blasphemy from the Constitution in autumn 2010, at the same time tentatively planned for a referendum on an amendment relating to children's rights
Children's rights
Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education,...
. Asked about this in the Dáil, Ahern did not offer any commitment, but said:
- the programme for Government did indicate the possibility of referendums on a number of issues ... If we were to have a number of referendums on one day, it would be appropriate to put to the people a question on the section of the Constitution relating to blasphemous and seditious libel.
In the event, no referendums were held before the dissolution of the 30th Dáil in January 2011. Before the ensuing general election, Atheist Ireland asked parties "Do you believe that blasphemy should be a criminal offence?" Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
, Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, and the Workers' Party said not, while Labour
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
and the Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
supported a referendum to remove the constitutional requirement. After the election, the Fine Gael–Labour coalition
Government of the 31st Dáil
The Government of the 31st Dáil is the present Government of Ireland, formed after the 2011 general election to Dáil Éireann on 25 February 2011. Fine Gael entered into discussions with the Labour Party which culminated in a joint programme for government. The 31st Dáil first met on 9 March 2011...
's programme for government promised a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
to draft a range of reforms, including "Removing blasphemy from the Constitution".
Other laws
The Censorship of Films Act 1923 mandates the Chief Censor to prohibit a film or scene "unfit for general exhibition in public by reason of its being indecent, obscene or blasphemous". A 1925 Amendment extended the power to ban advertisements for films. These powers are retained in the most recent legislation of 2008. The Censor (now called the Director of Film Classification) has wide discretion in interpreting the criteria: Monty Python's Life of BrianMonty Python's Life of Brian
Monty Python's Life of Brian, also known as Life of Brian, is a 1979 British comedy film written, directed and largely performed by the Monty Python comedy team...
was banned by Frank Hall
Frank Hall
Frank Hall was an Irish broadcaster, journalist, satirist and film censor. He is best remembered for his satirical revue programme Hall's Pictorial Weekly.-Early life:...
in 1980 for being blasphemous; when resubmitted in 1987 it was passed uncut by his successor Sheamus Smith. These Acts apply only to cinema
Movie theater
A movie theater, cinema, movie house, picture theater, film theater is a venue, usually a building, for viewing motion pictures ....
films; the Video Recordings Act, 1989 does not include blasphemy as grounds for prohibition.
The Censorship of Publications Acts (1929 and 1946) did not include blasphemy among possible grounds for banning, which were indecency, obscenity, promotion of "unnatural" contraception
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
or abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, and (in the case of periodicals) excessive focus on crime. In the debate on the 1946 Bill, Senator Louis O'Dea
Louis O'Dea
Louis Edward O'Dea was an Irish politician and solicitor. He was first elected to Dáil Éireann as a Sinn Féin Teachta Dála for the Galway constituency at the 1923 general election. He did not take his seat in the Dáil due to Sinn Féin's abstentionist policy. He did not contest June 1927 general...
suggested adding blasphemy as a criterion.