An amendment to the proposed offence of blasphemous libel, which would allow for a defence of “genuine literary, artistic, political, scientific or academic value”, has been added by the Minister for Justice, Dermot Ahern.
Responding to criticism of the new offence, he said that he did not have “the luxury of ignoring our Constitution” adding that he “faced a choice – referendum or reform,” according to a report in the Irish Times.
He continued: “I am, therefore, puzzled as to the hysterical and incorrect reaction whipped up by some media reporters and commentators on this point.”
He added that his explanation would disappoint “fantasy conspiracy theorists that have detected dark machinations and bogey men behind this proposal and have attributed to myself the most debased motives”.
Mr Ahern acknowledged yesterday that the all-party Committee on the Constitution, which favoured removing the Article from the Constitution, saw no need for a constitutional amendment in the short term.
“However, 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,” he said.
Successive attorneys general had said that he had a constitutional obligation not to leave a legal void, he said. “Until the Constitution is amended, it is necessary that blasphemy remain a crime and that the relevant legislation must make provision for punishment of this crime. There is no alternative to this position.”
He added that he wanted it put on the record that in bringing forward this proposal neither he nor his department consulted with any religious organisations, nor did they seek or receive any representations in that regard.
Fine Gael’s spokesman on justice, Charlie Flanagan, said the amended proposal was “an Irish solution to an Irish problem”, and would ensure that it would be almost impossible to bring any prosecution. He said if the only argument was a constitutional one, an amendment could be proposed before the forthcoming Lisbon referendum.
21/05/09
BAAF withdraws "retarded" slur over same-sex adoption opponents, but "stands by its sentiment"
The British Assocation for Adoption and Fostering (BAAF), which published an attack on critics of gay adoption, calling them “retarded homophobes”, has said sorry for its language but ‘stands by’ the sentiment.
20/05/09
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Deal on Lisbon guarantees near: report
A deal between the Government and other European states to obtain guarantee in advance of a a second Lisbon referendum, including guarantees on social and ethical questions may be near, according to reports.
19/05/09
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