The Defamation Act will probably not become operable until mid to late October, because the rules of court need to be amended to accommodate it. The Law Reform Division of the Department of Justice has confirmed that:
“The Act is subject to a commencement order. It is intended to commence all provisions of the Act simultaneously. However, it is not possible to make a commencement order at present as the Circuit and Superior Court Rules need to be amended to accommodate a number of procedural changes in the new legislation. It is not possble to give an exact date yet for commencement of the Act but it is expected to be mid to late October.”
The Minister has the option of commencing different parts of the Act at different times. Atheist Ireland will continue to ask him to delay commencing the blasphemy sections, until such time as a referendum can be held to remove the reference to blasphemy from the Constitution.
Today the Irish President signed into law the Defamation Act that includes the newly-defined crime of blasphemy. This law will become operable when the Minister for Justice signs an order making it so.
Atheist Ireland will now campaign for the repeal of this anachronistic and dangerous blasphemy law, and for a referendum to remove the blasphemy reference from the Irish Constitution, as part of our wider campaign for an ethical and secular Ireland.
We call on the Minister for Justice to delay signing the order that would make the blasphemy sections of the Defamation Act operable, until such time as a referendum can be held to remove the reference to blasphemy from the Constitution.
Atheist Ireland has sent a letter to the President of Ireland, outlining our concerns about the constitutionality of the new blasphemy law, for her to consider before she discusses the issue with the Council of State tomorrow. In our letter we argue the following:
The law is contrary to the guarantees of equality under the law enshrined in Article 40.1 of the Irish Constitution, and of freedom of conscience and religion enshrined in Article 44.2.
The law is contrary to Article 44.2.3 of the Irish Constitution, which says that the State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
The law shifts the burden of proof to the defendant in contravention of Article 38 of the Constitution, and of Schedule 1, Article 6, 2. and 3(a) of the European Convention on Human Rights Act, 2003.
The law does not meet the standard of prevention of imminent public disorder that made the old English blasphemy law compatible with the European Convention of Human Rights.
The definitions in the law are too vague to allow citizens to regulate their conduct, and it could make it unlawful for a religious citizen to inform his co-religionists about a statement he believes to be blasphemous.
In this article, first published in the Irish Times on July 10, Michael Nugent describes why the blasphemy law is dangerous, silly and unjust.
Why has Dermot Ahern, in 2009, made blasphemy a crime punishable by a fine of €25,000? When this anachronistic part of the now Defamation Act is signed into law (it passed through the Oireachtas last night but only on the casting vote of the chair of the Seanad), Atheist Ireland will quickly test it by publishing a blasphemous statement. People need protection from harm, but ideas and beliefs should always be open to challenge.
The blasphemy law has now been passed in the Dail, as part of Defamation Act, with no debate on the blasphemy amendments. The debate was restricted to an hour (for the full Defamation Bill). Justice Minister Dermot Ahern said that extending time for the blasphemy amendments would just be regurgitating what has been discussed ad nauseum. There was an average of six TDs in the Dail during debate.
The law now only has to pass through Seanad before being signed into law by President. It is scheduled for 10.30 am tomorrow morning in the Seanad. The Atheist Ireland AGM will plan a response to this blasphemy law, between 2-5pm this Saturday in Wynns Hotel Dublin. Members of the public are welcome to attend. Please attend, and also invite anyone you think might be interested in campaigning for an ethical and secular Ireland.
The Defamation Bill is scheduled for debate in the Dail tomorrow morning, Wednesday 8 July. The debate for the entire Bill is restricted to one hour or less. This means that there will be little or no time to properly discuss the blasphemy sections.
Here is the full wording of the blasphemy sections, and the amendments that are being proposed to them. Please contact your TDs today and ask them to vote for amendments number 22 and 26, which would delete the blasphemy sections from the Bill.
Father Ted creators Arthur Mathews and Graham Linehan are supporting a challenge by Atheist Ireland to the new blasphemy law. If the bill becomes law, which may happen this week or next, Atheist Ireland will challenge it by publishing a blasphemous statement.
The Observer article also mentions our AGM next Saturday from 2-5 pm in Wynns Hotel in Dublin. Members of the public are welcome. Please come along and bring any friends who you think might be interested in campaigning against this law and for an ethical secular Ireland.