Convention recommends replacing blasphemy with incitement to hatred provision

The Constitutional Convention has recommended removing the offence of blasphemy from the Constitution, and replacing it with a new provision prohibiting incitement to religious hatred against minority groups.

They also voted to strengthen existing incitement to hatred legislation.

At its meeting at the weekend, 61pc of the Convention’s members voted against keeping the Constitutional provision on blasphemy as it is, while 38pc voted in favour.

However the Convention was almost evenly split over whether to retain a legislative offence of blasphemy.

The members were asked whether there should there be a legislative provision for the offence of blasphemy. Fifty percent of members voted against such a measure, while 49pc were in favour, with one percent of the members undecided.

Members of the Convention heard from various interest groups on either side of the issue, inlcuding Atheist Ireland, the Humanist Association of Ireland, the Irish Council of Civil Liberties, the Islamic Cultural Centre of Ireland.

Members also heard presentations by academics and legal experts on the current constitutional position of blasphemy.

Members were asked whether the offence of blasphemy be removed altogether of replaced with a general provision to include incitement to religious hatred.

Thirty eight percent said that the provision should be removed altogether, while 53pc said that it should be replaced with a provision on incitement to religious hatred, while nine percent were undecided.

Members were also asked whether, in the event of the Convention favouring legislation on blasphemy, it should be the existing legislative provision or a new set of detailed legislative provisions on incitement to religious hatred.  

Overwhelmingly, members of the convention favoured a new set of legislative provisions, with 82pc favouring new legislation, against only 11pc favouring the current legislation.

A report on the meeting, including all of the evidence that was presented over the weekend and the recommendations of the Constitutional Convention will now be sent to Government.

Meanwhile, The Irish Council of Churches also made a submission to the Convention in which they said that they “acknowledge that the current reference to blasphemy in the Constitution of Ireland is largely obsolete”.

They added that the provision “may give rise to concern because of the way such measures have been used to justify violence and oppression against minorities in other parts of the world”.

In its submission, they said: “The promotion of freedom of religion and freedom of conscience for all in society greatly enriches the social fabric of a country, and is one aspect of respect for the dignity of human persons.  

“The human right of faith communities to contribute to public life, including public debate on issues that are of importance to everyone, without being subjected to attack or ridicule, needs to be acknowledged and respected.

“We consider that it is vital to ensure that the rights of individuals and communities to practice and live out their faith openly are protected by law.  

“These guarantees may be better achieved through established or new constitutional and legislative provisions for the protection for freedom of religion, belief and expression, as well as legislation against discrimination and hate crimes.”