Former justice minister who introduced blasphemy law backs repeal of constitutional ban

Dermot Ahern

Dermot Ahern, who oversaw the implementation of the Defamation Act 2009, told The Irish Times that the Act had been deliberately “designed to be impossible to prosecute”.

He said he had no choice but to create a statutory offence of blasphemy under section 36 of the 2009 Act because of Article 40.6.1(i) of the Irish Constitution, which states: “The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.”

The former minister added: “It was either do that or hold a referendum. Imagine the reaction if I proposed a referendum then. There was no way I could recommend spending €2 million when people’s wages were being cut.”

Mr Ahern said he and then Attorney General Paul Gallagher “spent many hours trying to fashion a proposal that, on the one hand, would fulfil our constitutional obligation, but, on the other, would cause least offence to the interested public”.

He said he would vote to remove Article 40.6.1(i) in today’s referendum.