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Originator:	Pino Carafa	Printable Version
Title:	Letter to all TDs / Senators

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From: Pino Carafa	On: 2009/07/04 13:06:05
http://www.youtube.com/watch?v=7nTlJsK4fBw Dear TD/Senator I am writing you to protest against the Blasphemous Libel legislation that was recently passed by the Justice Committee. This arcane piece of legislation has no place in a modern western society that values basic human rights such as freedom OF and freedom FROM religion, and that enshrines Western civilisation's ideal of separating Church and Stage. Whilst I appreciate that the current Irish constitution does criminalise the act of blasphemy, and that the constitution must be supported by law, the fact that the constitution contains this throwback to an archaically theocratic Irish society should prompt the Minister to re-evaluate the constitution, and to ask the Irish people by referendum to remove this aberration from the most important legal document of the State. The "solution" that Mr. Ahern is in the process of enacting is farcical at best, introducing into the Irish statute books a law that is unenforcable and that will make Ireland once again the laughing stock of Europe. Please join all freedom loving people on this island in opposition to this law. Ireland must move forward into the 21st century, not back into the 19th. I am counting on your support. Yours faithfully, Pino Carafa

From: Pino Carafa	On: 2009/07/04 13:06:32
Irish Senators: Ivana.Bacik@oireachtas.ie, Dan.Boyle@oireachtas.ie, Paul.Bradford@oireachtas.ie, Martin.Brady@oireachtas.ie , Paddy.Burke@oireachtas.ie, Larry.Butler@oireachtas.ie, Jerry.Buttimer@oireachtas.ie, Peter.Callanan@oireachtas.ie, Ivor.Callely@oireachtas.ie, Ciaran.Cannon@oireachtas.ie, John.Carty@oireachtas.ie, Donie.Cassidy@oireachtas.ie, Paudie.Coffey@oireachtas.ie, Paul.Coghlan@oireachtas.ie, Maria.Corrigan@oireachtas.ie, Maurice.Cummins@oireachtas.ie, Mark.Daly@oireachtas.ie, Deirdre.DeBurca@oireachtas.ie, Paschal.Donohoe@oireachtas.ie, Pearse.Doherty@oireachtas.ie, John.Ellis@oireachtas.ie, Geraldine.Feeney@oireachtas.ie, Frances.Fitzgerald@oireachtas.ie, Camillus.Glynn@oireachtas.ie, John.Hanafin@oireachtas.ie, Dominic.Hannigan@oireachtas.ie, Eoghan.Harris@oireachtas.ie, Fidelma.Healy.Eames@oireachtas.ie, Cecilia.Keaveney@oireachtas.ie, Alan.Kelly@oireachtas.ie, Terry.Leyden@oireachtas.ie, Marc.MacSharry@oireachtas.ie, Michael.McCarthy@oireachtas.ie, Lisa.McDonald@oireachtas.ie, Nicky.McFadden@oireachtas.ie, PAT.MOYLAN@oireachtas.ie, Ronan.Mullen@oireachtas.ie, David.Norris@oireachtas.ie, Labhras.OMurchu@oireachtas.ie, Francis.OBrien@oireachtas.ie, Brian.ODomhnaill@oireachtas.ie, Denis.ODonovan@oireachtas.ie, Fiona.OMalley@oireachtas.ie, Joe.OReilly@oireachtas.ie, Ann.Ormonde@oireachtas.ie, Ned.OSullivan@oireachtas.ie, jotoole@oireachtas.ie, Kieran.Phelan@oireachtas.ie, JohnPaul.Phelan@oireachtas.ie, Phil.Prendergast@oireachtas.ie, Feargal.Quinn@oireachtas.ie, Eugene.Regan@oireachtas.ie, Shane.Ross@oireachtas.ie, Brendan.Ryan@oireachtas.ie, Liam.Twomey@oireachtas.ie, Jim.Walsh@oireachtas.ie, MaryM.White@oireachtas.ie, Diarmuid.Wilson@oireachtas.ie, Alex.White@oireachtas.ie

From: Pino Carafa	On: 2009/07/04 13:12:40
TDs taoiseach@taoiseach.gov.ie, bertie.ahern@oireachtas.ie, michael.ahern@oireachtas.ie, noel.ahern@oireachtas.ie, bernard.allen@oireachtas.ie, chris.andrews@oireachtas.ie, barry.andrews@oireachtas.ie, sean@ardagh.org, bobby.aylward@oireachtas.ie, james.bannon@oireachtas.ie, sean.barrett@oireachtas.ie, joe.behan@oireachtas.ie, john.browne@oireachtas.ie, aine.brady@oireachtas.ie, cyprian.brady@oireachtas.ie, johnny.brady@oireachtas.ie, pat.breen@oireachtas.ie, thomas.p.broughan@oireachtas.ie, niall.blaney@oireachtas.ie, richard.bruton@oireachtas.ie, ulick.burke@oireachtas.ie, joan.burton@oireachtas.ie, catherine.byrne@oireachtas.ie, thomas.byrne@oireachtas.ie, niall.collins@oireachtas.ie, minister.carey@taoiseach.gov.ie, joe.carey@oireachtas.ie, deirdre.clune@oireachtas.ie, dara.calleary@oireachtas.ie, margaret.conlon@oireachtas.ie, paul.connaughton@oireachtas.ie, sean.connick@oireachtas.ie, michael.creed@oireachtas.ie, joe.costello@oireachtas.ie, simon.coveney@oireachtas.ie, minister@finance.gov.ie, seymour.crawford@oireachtas.ie, noel.coonan@oireachtas.ie, john.cregan@oireachtas.ie, lucinda.creighton@oireachtas.ie, jimmy.devins@oireachtas.ie, minister@welfare.ie, john.curran@oireachtas.ie, michael.darcy@oireachtas.ie, john.deasy@oireachtas.ie, jdeenihan@eircom.net, minister@transport.ie, ciaran.cuffe@oireachtas.ie, timmy.dooley@oireachtas.ie, andrew.doyle@oireachtas.ie, bernard.durkan@oireachtas.ie, damien.english@oireachtas.ie, michael.fitzpatrick@oireachtas.ie, frank.fahey@oireachtas.ie, frank.feighan@oireachtas.ie, martin.ferris@oireachtas.ie, michael.finneran@oireachtas.ie, olwyn.enright@oireachtas.ie, charles.flanagan@oireachtas.ie, terence.flanagan@oireachtas.ie, sean.fleming@oireachtas.ie, beverley.flynn@oireachtas.ie, patthecope.gallagher@oireachtas.ie,paul.gogarty@oireachtas.ie, minister@environ.ie, minister@justice.ie, ministersoffice@dast.gov.ie, minister@dfa.ie, noel.grealish@oireachtas.ie, eamon.gilmore@oireachtas.ie, ministers_office@health.irlgov.ie, brendan.howlin@oireachtas.ie, brian.hayes@oireachtas.ie, tom.hayes@oireachtas.ie, Jackie.Healy.Rae@oireachtas.ie, michael.higgins@oireachtas.ie, maire.hoctor@oireachtas.ie, philip.hogan@oireachtas.ie, sean_haughey@education.gov.ie, paul.kehoe@oireachtas.ie, billy.kelleher@eircom.net, peter.kelly@oireachtas.ie, bwk@eircom.net, michael.kennedy@oireachtas.ie, enda.kenny@oireachtas.ie, ministerofstate@dcmnr.gov.ie, tom.kitt@oireachtas.ie, michael.kitt@oireachtas.ie, seamus.kirk@oireachtas.ie, brian.lenihan@oireachtas.ie, conor.lenihan@oireachtas.ie, michael.lowry@oireachtas.ie, kathleen.lynch@oireachtas.ie, tom.mcellistrim@oireachtas.ie, martin.mansergh@oireachtas.ie, minister@dfa.ie, padraic.mccormack@oireachtas.ie, jim.mcdaid@oireachtas.ie, ciaran.lynch@oireachtas.ie, shane.mcentee@oireachtas.ie, dinny.mcginley@oireachtas.ie, mattie.mcgrath@oireachtas.ie, michael.mcgrath@oireachtas.ie, finian.mcgrath@oireachtas.ie, minister@agriculture.gov.ie, john.moloney@oireachtas.ie, joe.mchugh@oireachtas.ie, liz.mcmanus@oireachtas.ie, olivia.mitchell@oireachtas.ie, john.mcguinness@oireachtas.ie, arthur.morgan@oireachtas.ie, michael.moynihan.td@oireachtas.ie, michael.mulcahy@oireachtas.ie, denis.naughten@oireachtas.ie, sean.ofearghail@oireachtas.ie, mj.nolan@oireachtas.ie, michael.noonan@oireachtas.ie, ocaolain@oireachtas.ie, aire@pobail.ie, minister_okeeffe@education.gov.ie, daniel.neville@oireachtas.ie, aengus.osnodaigh@oireachtas.ie, darragh.obrien@oireachtas.ie, charlie.oconnor@oireachtas.ie, kieran.odonnell@oireachtas.ie, john.odonoghue@oireachtas.ie, fergus.odowd@oireachtas.ie, noel.oflynn@oireachtas.ie, rory.ohanlon@oireachtas.ie, minister@defence.irlgov.ie, jim.okeeffe@oireachtas.ie, ned.okeeffe@oireachtas.ie, john.omahony@oireachtas.ie, sean.power@oireachtas.ie, boshea@eircom.net, christy.osullivan@oireachtas.ie, jan.osullivan@oireachtas.ie, willie.penrose@oireachtas.ie, john.perry@oireachtas.ie, mary.orourke@Oireachtas.ie, peter.power@oireachtas.ie, ruairi.quinn@oireachtas.ie, pat.rabbitte@oireachtas.ie, james.reilly@oireachtas.ie, alan.shatter@oireachtas.ie, dick.roche@oireachtas.ie, tanaiste@entemp.ie, minister.ryan@dcmnr.gov.ie, trevor.sargent@oireachtas.ie, eamon.scanlon@oireachtas.ie, michael.ring@oireachtas.ie, pj.sheehan@oireachtas.ie, sean.sherlock@oireachtas.ie, tom.sheahan@oireachtas.ie, roisin.shortall@oireachtas.ie, joanna.tuffy@oireachtas.ie, emmet.stagg@oireachtas.ie, david.stanton@oireachtas.ie, billy.timmins@oireachtas.ie, noel.treacy@oireachtas.ie, mary.upton@oireachtas.ie, michael.woods@oireachtas.ie, jack.wall@oireachtas.ie, mary_wallace@health.irlgov.ie, marya.white@oireachtas.ie, leo.varadkar@oireachtas.ie

From: Pino Carafa	On: 2009/07/08 11:13:35
1) Liz McManus, Labour: Thank you for your email. I fully support your view. Its farcical to have such legislation. The Labour Party Spokesperson on Justice, Pat Rabbitte TD has voiced our strong opposition to it in the Dáil. Regrettably the government refused to listen. Yours sincerely, Liz. Liz McManus, T.D. Spokesperson on Communications, Energy and Natural Resources 2 Charles Flanagan (Fine Gael) Voted against. 3 Senator David Norris Dear Roze, I have already as you may know spoken out vigorously against the blasphemy situation as quoted quite extensively in last week's Irish Times. Best wishes David Norris 4. Thank you for your email. I share your concern about the proposed introduction of the blasphemy offence and have already expressed my opposition to this in the Seanad. I will continue to oppose it at every opportunity. Best wishes, Ivana Senator Ivana Bacik 5. Eugene Regan Thank you for your recent email in relation to the Defamation Bill and the proposals of the Minister for Justice in relation to the issue of Blasphemous Libel. I'm sure you are aware that the Bill is at Report Stage in the Seanad tomorrow having come back from the Dáil. I am emailing you to assure you that I have tabled amendments to the Bill which vigorously oppose the Minister's proposal in relation to blasphemy. I will send you a copy of the Seanad debate upon its conclusion tomorrow. Thank you for getting in touch in relation to this issue. Kind regards, Eugene

From: Globalstranger	On: 2009/07/11 20:40:06
All TDs emailed on 7th -8th July, Below are only two replies.. ============================ A chara, Thanks very much for your email. The Labour Party intends to oppose the Defamation Bill in its current form. The articles with relation to blasphemy are very unwelcome. If you would lie any further information please get in touch with Pat Rabbitte, our party spokesperson on Justice, Equality and Law Reform. Regards, Mary Upton ============================= Thank you for email addressed to the Tánaiste and Minister for Enterprise, Trade and Employment, Ms Mary Coughlan T.D. Please be assured that this shall be brought to the Tanaiste's attention at the earliest opportunity. Anne Holliday Tánaiste's Office Department of Enterprise, Trade and Employment 23 Kildare Street Dublin 2

From: Globalstranger	On: 2009/07/13 15:26:26
a chara thank you for your email on this important issue. I assure you that myself and my party colleagues opposed the new blasphemy provision that was introduced by government in the Defamation Bill 2009. I tabled an amendment to report stage of the Bill last week which sought to delete the blasphemey rpovision and I argued vehemently against its introduction. As did the Fianna Gael spokesperson. For your information I am pasting below my Dáil notes on which I based my arguments. is mise, Aengus Ó Snodaigh, TD Sinn Féin Spokesperson on Justice Section 36 provides that: “A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €100,000.” “Blasphemous matter” is defined as “matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion”. The material must be published or uttered with the intent to cause such outrage. Current law Blasphemy is currently an offence in the state under Article 40.6.1 of the 1937 Constitution which states: The publication or utterance of blasphemous, seditious or indecent material is an offence which shall be punishable in accordance with the law. Section 13.1 of the Defamation Act 1961 also provides that Every person who composes, prints or publishes any blasphemous or obscene libel shall, on conviction thereof on indictment, be liable to a fine not exceeding five hundred pounds or imprisonment for a term not exceeding two years or to both fine and imprisonment or to penal servitude for a term not exceeding seven years. However, “blasphemous libel” is not defined in the 1961 Act nor is there any other statutory definition of “blasphemous”. The Supreme Court decided in a 1999 case (Corway v Independent Newspapers) that it would be inappropriate for the courts to authorise a prosecution under such circumstances. The Oireachtas Committee on the Constitution recommended as long ago as 1996 that this provision should be removed from the Constitution. It endorsed the view of the Law Reform Commission that “there is no place for the offence of blasphemous libel in a society which respects freedom of speech”. It noted also that at that time (this preceded the Corway case) no prosecutions had been taken for blasphemy in the history of the state, clearly indicating that it was not a pressing social matter requiring retention of the offence. Today’s Irish Times reports that the Committee (with FF’s Seán Ardagh as chair) made the same recommendation last year, although no 2008 report appears on the Committee’s website. This does not mean that the state is powerless where offensive speech is concerned. Where it crosses the line into hate speech, it may be prosecuted under the Prohibition of Incitement to Hatred Act 1989. Section 7 of the Criminal Justice (Public Order) Act 1994 may also be used in relation to “obscene displays”. In terms of international law, Freedom of expression is guaranteed under Article 10 of the European Convention on Human Rights, although subsection 2 allows for exceptions on the usual safety/security grounds and for the protection of “morals”. In the 1989 case Wingrove v UK the European Court of Human Rights found that that country’s blasphemy law did not violate Article 10. However, two things should be noted about that decision. First, it is twenty years old. Second, the Wingrove case dealt with the denial of a certificate by the British Film Board. It cannot be assumed that a 21st century European Court, faced with a law that resulted in a criminal prosecution and a €100,000 fine, would reach the same conclusion. Why Sinn Féin are opposing this amendment In our 2005 submission to the Oireachtas All-Party Committee on the Constitution we called for deletion of the reference to “blasphemy” in Article 40.6.1. Hence, our opposition reflects established party policy. The terminology used is vague. The proposed amendment does not define “religion”, or what constitutes a “substantial number” of adherents. It is not clear whether “grossly abusive or insulting” is to be judged objectively (on the basis of what the ordinary/reasonable person would consider grossly abusive or insulting) or subjectively (on the basis of how the adherents of the relevant religion perceive it). If the latter, it is not clear what is needed for the adherents to demonstrate to the court’s satisfaction that sufficient “outrage” was caused. The Satanic Verses is an example of a publication that could very easily have fallen afoul of this law (in England, attempts to prosecute it failed only because the blasphemy law in place at the time – it has since been abolished entirely – applied only to the Church of England and not other religions). The Danish cartoons could also be prohibited under it. The Corway v Independent Newspapers case, in which a prosecution failed only because of the absence of anything like the amendment currently being considered, dealt with a cartoon portraying Catholicism as anti-progressive. Whatever offence these materials might cause to some, criminal prosecution is hardly an appropriate response. The penalty involved - €100,000 - is excessive even if the law itself were acceptable. The provision for seizure makes no distinction between materials that are being produced in a particular premises, and materials that are simply held in those premises. In sum, the proposed amendment involves a significant restraint on freedom of expression, is open to varying interpretations, imposes a thoroughly disproportionate penalty therefore Sinn Féin have no reasonable option but to oppose it.

From: Globalstranger	On: 2009/07/13 15:33:27
#=================# A chara Thank you for your e-mail re above. I have noted the points you raised. Regards James Bannon #=================# I have been asked by Mr. John Gormley, T.D., Minister for the Environment, Heritage and Local Government to acknowledge receipt of your recent email Yours sincerely, ________________ Eddie Kiernan Private Secretary #==================# Thank you for your email. The Labour Party has consistently opposed the blasphemy section of the Defamation Bill and supports the Constitutional Review Group to remove the reference in the Constitution by way of referendum. We voted against the bill becuase the Minister for Justice refused to drop the proposed section. However, the Fianna Fail - Green Party government passed the bill and it is likely to become law in the near future. Yours sincerely, Ruairi Quinn TD Labour Party Spokesperson for Education and Science Leinster House Kildare Street Dublin 2 01 618 3434 ruairi.quinn@oireachtas.ie www.ruairiquinn.ie #====================# From Tom Kitt: A Chara I wish to acknowledge receipt of your email. I would be grateful if you could forward your postal address for our information. Yours sincerely Tracy Young Personal Assistant. #=====================#

From: Globalstranger	On: 2009/07/14 11:09:33
Thank you for your email about the Defamation Bill. My colleagues and I in Fine Gael were totally against this measure and voted against it as it was forced through the Oireachtas last week. Indeed in the Seanad last week Minister Ahern’s plan to slip the blasphemy law through the Oireachtas was almost fatally undermined by a lack of support from his own Seanad colleagues. It seems clear that the Green Party was strong-armed into supporting a measure which runs entirely against its own principles. The Government had to call a walk-through vote after it lost an electronic vote, and the legislation was only saved when Senators Geraldine Feeney and Deirdre de Burca were summoned to the Chamber, and by the Cathaoirleach’s casting vote. The blasphemy law has not been discussed in the Dáil because the Bill was guillotined by the Government. It has only ever been discussed in the Seanad. So it is only appropriate that it was the Seanad which nearly brought Minister Ahern’s solo-run to an end. Minister Ahern’s proposed measure is more than a step back in time – it’s a giant leap back in time. His legislation before the House, properly interpreted, makes the humour of Tommy Tiernan, Father Ted and The Life of Brian a criminal offence. This is literally a farcical state of affairs. The Minister's approach is fundamentally flawed. He claims there is no alternative to his legislation. But there is: we only have to define the nature of the offence of blasphemy. We can do that in a way which reflects modern thinking, the thinking of other EU member states and the United Nations, as well as the thinking which now reflects at least customary international law Fine Gael in government will remove blasphemy from the constitution in favour of a secular and balanced protection on freedom of speech and prohibition on incitement of hatred. I completely agree that freedom of speech is vital for a healthy democracy and I honestly believe we will bitterly regret going down this route. Kind regards, Olivia _________________________________________________________ Olivia Mitchell TD Dublin South Constituency & Fine Gael Spokesperson on Arts, Sport and Tourism Leinster House Kildare Street Dublin 2. Tel: (01) 6183088 - Fax: (01) 6184579 Email: olivia.mitchell@oireachtas.ie Website: www.oliviamitchell.finegael.ie

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