MAJOR changes in the constitutional provisions covering freedom of expression and freedom of assembly are recommended.
On freedom of expression, the review group recommends that Article 40.6.1.i. of the Constitution be replaced by a new clause modelled on Article 10 of the European Convention on Human Rights.
Article 40.6.1.i. of the Constitution reads: "The State guarantees liberty for the exercise of the following rights, subject to public order and morality:
"i. The right of the citizens to express freely their convictions and opinions.
"The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.
"The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law."
Article 10 of the European Convention reads:
"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises.
"2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
On freedom of assembly, the review group recommends that Article 40.6.1.ii. of the Constitution be "recast", with the qualifying clause being replaced by a version based on Article 11 (2) of the European Convention on Human Rights.
A suggested draft reads:
"1. All persons have the right to assemble peaceably and without arms.
"2. No restrictions shall be placed on the exercise of this right other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the protection of health or morals or for the protection of the rights and freedoms of others.
"3. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
"4. Without prejudice to subsection 2 of this section, provision may be made by law to prevent or control meetings in the vicinity of either House of the Oireachtas."
