Ireland and Freedoms Compared

Part A:

Highlighted as a fundamental freedom within the Irish Constitution is the freedom of speech. Like many other countries around the world, this right is seen as inalienable. Unlike other countries, there is a caveat to this law in Ireland. This right is “subject to public order and morality,” which can bring the interpretation that hate speech is not allowed. Moreover, the Irish Constitution states that “publication or utterance of blasphemous, seditious, or indecent matter is an offense.” This prevents many groups from inciting violence or riots with their words, and allows for the limiting of speech. Interestingly, the Irish have a blasphemy law that has been on the books since the 1930s which outlaws impious or profane speaking of God or sacred things. Not only is it an article of their Constitution, but also the second of the Ten Commandments. In late October, Ireland held a referendum and citizens voted to remove this word from the Constitution and further reduced the restrictions on freedom of the speech in the country.

 

Similarly defined is the freedom of assembly. The Irish Constitution protects the right to assemble peaceably and without weapons. The way this law is outlined, protects against both riots and other events which might disturb the peace. The Irish Constitution is outlined in a manner which safeguards the republic and protects the people, from both riotous acts, hate speech, and hateful acts.

 

Following in the footsteps of France and Germany, Ireland implemented the Prohibition of Incitement to Hatred Act of 1989, which criminalized threatening, abusive or insulting words, images, or sounds with the intention of stirring hatred against a group of persons on account of a manner of their characteristics. This law has come under fire due to the limited scope of prosecutions since its enactment. As of 2011, there were only 18 prosecutions for hate speech in general under this law, which raised the question among many citizens what the laws intention actually is. This law certainly did not go as far as the French and German laws, but it was a step in the right direction, curbing the freedoms which allowed for racism and other forms of hateful rhetoric to prevail. Unlike France which enacted a law specifically sanctioning a denial of the Holocaust, Ireland has no such laws. However, its hate speech prevention laws would most certainly allow for Holocaust deniers to be prosecuted.

 

Part B:

Russia has been very successful with its engagement with Ireland. Russia was the first country to recognize the independence of the Republic of Ireland from Great Britain and as such, they formed a positive relationship. Ireland began by establishing an economic relationship with Russia. Most recently, the Irish government has focused on introducing and strengthening its trade ties with Russia, increasing trade between the two nations by over 40 percent within the last year. From this strong economic relationship grew a political alliance of sorts. This connection, however, was demolished after a nerve agent attack in Salisbury, England in March 2018. Great Britain accused Russia of chemically attacking a man residing in the UK, despite there being limited evidence pointing to this. Ireland, on account of the relationship it had spurred with Russia denied this, and were hesitant to demand that the Russian ambassador to Ireland leave the country, something which many other countries across Europe were doing.

 

Great Britain gathered a coalition of countries who sided with them, and eventually Ireland along with 16 other European Union countries placed the blame on Moscow. Ireland only agreed to expel the Russian Ambassador to Ireland from the country, to appease Great Britain and keep the peace between the two countries during this divisive time. This choosing of sides decimated the positive and fruitful relationship that Ireland and Russia had once enjoyed. Expelling a Russian diplomat from Ireland destroyed their economic and political ties, making it harder for the two countries to enjoy the relationship they once had. Many Irish political leaders have denounced the decision to expel this minister, calling it the wrong decision and that it would move to destroy the Irish-Russian relationship. However, many within the European Union and European Council have stated this was the correct decision and it shows Russia that there are clear repercussions to their actions. Up until this past year, Ireland and Russia enjoyed a high-yielding relationship, the future of which is unknown.

 

Sources:

 

Ireland. Constitution of Ireland. Dublin, 1945.

http://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/constitution_fundamental_rights.html

 

McGary, Patsy. “Ireland Votes as One to Remove Blasphemy from Constitution.” The Irish Times. 28 October 2018.

https://www.irishtimes.com/news/social-affairs/religion-and-beliefs/ireland-votes-as-one-to-remove-blasphemy-from-constitution-1.3678935

 

O’Brien, Cormac. “Ireland Pressed to Introduce Hate Crime Laws After LGBT Attacks.” Reuters. 25 July 2018.

https://www.reuters.com/article/us-ireland-lawmaking-lgbt/ireland-pressed-to-introduce-hate-crime-laws-after-lgbt-attacks-idUSKBN1KF2EW

Ryan, Danielle. “Russian Diplomat Expulsion.” The Irish Journal. 28 March 2018.

https://www.thejournal.ie/readme/russian-diplomat-expulsion-ireland-should-have-avoided-jumping-on-this-bandwagon-3926276-Mar2018/

Hurley, Sandra. “Expulsion of Russian Diplomat Will Not Go Unanswered.” RTE. 27 March 2018.

https://www.rte.ie/news/world/2018/0327/950312-salisbury/

 

2 Comments

  1. Gabriella Juliana

    You did a really nice comparison of the different definitions and types of freedoms that the citizens of Ireland enjoy. Your argument could be enhanced if you included some specific references to current events around hate speech that have been occurring in the country to show what the government is trying to combat. The paragraph on relations between Ireland and Russia is really interesting and is not a partnership that many would presume existed at all. Its interesting that the Irish government took the side of the UK even though the history between these nations is turbulent, especially since Brexit.

  2. Jack Mueller

    Great job researching and discussing the varieties of blasphemy and hate speech laws that exist in Ireland. It might be worth it during the revision to talk about the recent changes made to the Irish constitutional ban on blasphemy and how it interacts with other speech laws in the country. Additionally the paragraph on Russia’s Irish relationship was very interesting and something that I was not expecting. It was surprising to see the Irish want to take Russia’s side and could be worthwhile to look into how the Irish view other acts of Russian aggression.

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