AN OIREACHTAS committee heard yesterday that constitutional provision making blasphemy a crime is anomalous, but there were divided opinions on the question of its repeal.
The All-Party Committee on the Constitution, chaired by Seán Ardagh, heard submissions from RTÉ, the Bar Council and a Trinity College Dublin academic on Article 40.6.1 which confers on citizens the right to express freely their convictions and opinions.
The committee is examining if the article needs to be reformed or replaced. In particular, it is inquiring into the need to retain references to blasphemy, sedition and indecent matter.
In relation to blasphemy, a number of speakers referred to the controversy in 1997 when comedian Tommy Tiernan appeared on the Late Late Showand performed a comedic homily which mocked the crucifixion.
More than 300 viewers made telephone complaints and others arrived at the RTÉ studios, a development that resulted in Mr Tiernan being unable to leave the studio buildings for several hours.
RTÉ's solicitor, Eamon Kennedy, told the committee that the language of the Article was of its time but argued there was no need to amend or remove it.
"It has not produced any particular problem for the courts in dealing with more modern problems that have arrived. There's no impediment in the language [ to that]," he said.
The Bar Council submitted that the constitutional reference to blasphemy should either be abolished or amended.
Fianna Fáil TD Barry Andrews referred to the need to clarify the restrictions that applied to the freedom of expression.
"It's not satisfactory that [ the] High Court will make a judgement in relation to sources and a media outlet, The Irish Timesin this case, will destroy the sources," he said.
"It's not satisfactory either that the only person [ who faced charges] in the beef tribunal was the journalist Susan O'Keeffe.
"There needs to be distinction between revealing sources from whistleblowers and from properly set-up judicial inquiries."
