Referendum on blasphemy held up by backlog of referenda

A referendum on blasphemy could be delayed because there “are quite a number of referenda backed up”, Taoiseach Enda Kenny has said.

Mr Kenny told TDs that a referendum on Ireland’s constitutional ban on blasphemy has to take place, but that the issue for the Government was its ability to find “an opportunity to deal” with the issue.

Article 40.6.1° of the Constitution states: “The public utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.”

Mr Kenny said: “The current statutory provision for the offence of blasphemy is section 36 of the 2009 Act, which defines what constitutes blasphemy and what defences and penalties apply.

“My party opposed the inclusion of the offence of blasphemy in the Bill at the time, but the Act was introduced following the advice of successive Attorneys General that it was required following the Supreme Court’s decision in what is known as the Corway case in order to give legislative effect to the offence of blasphemy contained in Article 46.1.1° of the Constitution.

“The Defamation Act abolished the possibility, formerly available under common law, of a private individual bringing a prosecution for blasphemy. The Corway case was a rare example of such a private prosecution but was unsuccessful.”

He added: “There are quite a number of referenda backed up, and they take time with referendum commissions to be independent in their analysis and give people full information so they can vote Yes or No to whatever question is asked, and the matter of blasphemy is one such question.”