An article on cearta.ie drew my attention to a surprisingly archaic provision in the newly passed Defamation Bill – Article 36 (page 26). Fianna Fáil have finally proven themselves to be bible bashers after managing to codify blasphemy as a criminal offence in Irish law. The shrewd ultra-conservative right-wingers slyly included the blasphemy provision in the Defamation Bill in their successful attempt to push it through the Oireachtas without raising too many eyebrowes. The Ministor for Justice, Dermot Ahern, defended the provision, saying “Until the Constitution is amended, it is necessary that a sanction be provided in regard to blasphemous libel”… although I don’t see how this could be the case.

In conformanced with the principle of non-discrimination, I assume that the paragraph of the Bill that mentions its application to any “matter that is grossly abusive or insulting in relation to matters held sacred by any religion” will also be enforced in the event of disrespect towards other, non-Christian religions. I would, therefore, like to take this opportunity to warn the cartoon artists who created the controvertial depictions of Muhammad for the Danish newspaper Jyllands-Posten in 2005, to reconsider any possible holiday plans that may involve visiting Ireland. They would be risking a substantial fine and possibly even receiving a criminal record should they enter the Irish state.

Considering that Fianna Fáil, the party that supported the blasphemy law, is the most popular political party in Ireland, the cartoonists should be wary of the possible hostile reaction of Fianna Fáil supporters upon their arrival as they unleash their fury at the insult to Muhammad. Muslim countries with similar regimes to Ireland in this respect experienced much violence in reaction to the cartoons which was directed at European representations in their countries. The Danish Embassies in several countries were set on fire. The cartoonists should, therefore, be made aware that any attempt to seek refuge in the Danish Embassy in Dublin may be futile and dangerous.

Ok, I obviously exaggerate, and there is, admittedly, a clause that exempts the matter concerned if the defendant manages to prove that “a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates“. Nevertheless, proving this could be very arbitrary and, in any case, the point that criminalising blasphemy has no place in Irish law needs to be impressed on the incumbent Fianna Fáil – Green Party government somehow.

I recognise the importance of religion in society, however, it does seem that Fianna Fáil blinked and missed the moment when Ireland entered the 21st century…. or perhaps it is me who does not realise that Ireland has been left in the 19th century while the rest of Europe moves forward, already enjoying, in most part, the freedom of secular government. In 2008, England and Wales abolished their blasphemy laws with the enactment of the Criminal Justice and Immigration Act 2008. The United States considers blasphemy laws to be a violation of the First Amendment and the constitutional guarantee of freedom of speech. The Assembly of the Council of Europe “considers that blasphemy, as an insult to a religion, should not be deemed a criminal offence” (Recommendation 1805, 2007).

Religion should be an intimate, personal dimension of the citizen that the state should refrain from interfering with. This blasphemy provision must rank as one of the worst aspects of the medieval body of law of the Irish Juristiction, alongside criminalised debt default. Another law exists whereby people who are simply unable to repay a loan are criminally prosecuted and imprisoned. The latter offence should be treated as a regulatory offence with punishment involving the seizure of assets or bankrupcy. The former should not even be considered legally as an offence.

In contrast, while these Dickensian artifacts of Irish law are regularly enforced, there has yet to be a single prosecution or even criminal charges resulting from the investigations into possible fraud and negligence involving Irish banking executives and the former Financial Regulator. Those who were conveniently “forced” into retirement after having brought the country to its knees, are currently enjoying the benefits of an extremely generous pension, while the Irish taxpayer tries to pick up the pieces of a country verging on bankrupcy.

Anecdotally, in the process of getting the bill passed (it initially failed), the government had to round-up two missing senators who were  probably (I postulate) in the Dáil bar having a pint of guinness (not the official excuse of course). In addition to Ireland unilaterally establishing the foundations of a new European Bible Belt, the Irish government has aptly demonstrated the waste of space and money that is Seanad Éireann in its current form. Even the senators themselves don’t seem to take it seriously.

Update 11 July 2009:

Further to comments submitted on this article, I think it is only fair to recognise them by adding that the Ministor for Justice, Dermot Ahern, was stating the truth about the need to include the blasphemy clause for constitutional reasons.  He also corrects me in stating that the last prosecution for blasphemy occurred in 1909. See the comments for further details.

Let’s see how long it takes for a referendum to be held to bring our outdated constitution into the 21st century…