On 26 October, voters in Ireland will go to the polls to decide on whether blasphemy should be removed as an offence from the country’s constitution.

The law on blasphemy is generally seen as outdated, and while this is not as contentious a social issue as others like same sex marriage and abortion, a referendum is still required to alter the constitution.

The referendum will take place on the same day as the country’s presidential election, in which the incumbent Michael D Higgins is expected to be re-elected.

The latest poll shows 51 per cent of voters are in favour of removing blasphemy from the constitution.

What is the law on blasphemy in Ireland?

Under the constitution of Ireland, “the publication or utterance of blasphemous matter” is punishable by law, and carries a fine of up to €25,000.

This was further defined in the Defamation Act of 2009, which stated that someone is guilty of the offence if they publish or utter “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”, and if they intend, “to cause such outrage.”

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Has anyone ever been prosecuted for blasphemy?

No one has ever been prosecuted for blasphemy in Ireland.

The only attempted prosecution since the creation of the state was in the late 1990s when a carpenter called John Corway attempted to sue three publications for articles and cartoons relating to the 1995 divorce referendum. He was unsuccessful.

The laws around blasphemy were brought back to public attention in 2017 after it emerged police were looking into comments made by Stephen Fry on an RTE programme. In a discussion about religion, the writer and broadcaster asked presenter Gay Byrne, “Why should I respect a capricious, mean-minded, stupid God who creates a world that is so full of injustice and pain.”

Police later dropped the matter, stating they were “unable to find a substantial number of outraged people.”

A constitutional convention first proposed changing the article in the constitution in 2013, and it was finally brought forward by the government in June 2018.

When is the blasphemy referendum?

The referendum will be held on Friday 26 October, with voting open from 7am to 10pm. Counting will begin on the morning of Saturday 27 October, with the result expected to be announced later that afternoon.

On the same day, voters will have their say in the presidential election, which will determine who will serve as Ireland’s head of state for the next seven years.

Pope Francis visits Ireland – in pictures Show all 55 1 /55 Pope Francis visits Ireland – in pictures Pope Francis visits Ireland – in pictures Pope Francis celebrates the Holy Mass at the Phoenix Park, in Dublin AP Pope Francis visits Ireland – in pictures Pope Francis arrives at Phoenix Park for a Papal Mass of the World Meeting of Families in Dublin EPA Pope Francis visits Ireland – in pictures A vigil takes place at the site of the mass grave which contained the remains of 796 named babies from the Bon Secours Mother and Baby home in Tuam. The vigil coincides with the Phoenix park mass which is taking place in Dublin held by Pope Francis. Excavations at the site in 2017 revealed underground structures which held babies bodies with ages ranging from 35 weeks to three years old with most of the dead buried in the 1950s when the facility was run by the Bon Secours Sisters, a Catholic religious order of nuns who received unmarried pregnant women to give birth Getty Pope Francis visits Ireland – in pictures An aerial view of the crowd at Phoenix Park Getty Images Pope Francis visits Ireland – in pictures Children queue for communion during Pope Francis' closing Mass PA Pope Francis visits Ireland – in pictures The Stand4Truth rally gathers outside a former Magdalene laundry in Dublin as part of the demonstrations against clerical sex abuse PA Pope Francis visits Ireland – in pictures Pope Francis leads the Holy Mass at Phoenix Park AFP/Getty Pope Francis visits Ireland – in pictures Pope Francis arrives to celebrate the Holy Mass at the Phoenix Park AP Pope Francis visits Ireland – in pictures The names of the victims are read out as a vigil takes place at the site of the mass grave which contained the remains of 796 named babies from the Bon Secours Mother and Baby home Getty Images Pope Francis visits Ireland – in pictures Pope Francis leads the Holy Mass at Phoenix Park AFP/Getty Pope Francis visits Ireland – in pictures A member of the clergy carries a bowl of incense PA Pope Francis visits Ireland – in pictures Pope Francis celebrates the Holy Mass at the Phoenix Park, in Dublin, Ireland, Sunday, Aug. 26, 2018. 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Pope Francis is the 266th Catholic Pope and current sovereign of the Vatican. His visit, the first by a Pope since John Paul II's in 1979, is expected to attract hundreds of thousands of Catholics to a series of events in Dublin and Knock. During his visit he will have private meetings with victims of sexual abuse by Catholic clergy. (Photo by WMOF2018/Maxwell Photography via Getty Images) Handout WMOF2018/Maxwell Photography/Getty Pope Francis visits Ireland – in pictures Pope Francis memorabilia on sale on O'Connell Street PA Pope Francis visits Ireland – in pictures Pope Francis arrives at St Mary's Pro-Cathedral during his visit to Ireland to attend the 2018 World Meeting of Families AFP/Getty Pope Francis visits Ireland – in pictures Pope Francis waves to the waiting crowds on O'Connell Street PA Pope Francis visits Ireland – in pictures Pope Francis addresses the congragation at St Mary's Pro-Cathedral AFP/Getty Pope Francis visits Ireland – in pictures Stephen O'Brien selling bottles of holy water from the St Mary's Pro Cathedral PA Pope Francis visits Ireland – in pictures Pope Francis prays inside St Mary's Pro Cathedral Reuters Pope Francis visits Ireland – in pictures A man waves a rainbow flag behind a model of a pope which stands in the window above a bar Getty Pope Francis visits Ireland – in pictures People hold a banner against Pope Francis on the way to St Mary's Pro-Cathedral AP Pope Francis visits Ireland – in pictures Nuns wait by the side of the road for Pope Francis Reuters Pope Francis visits Ireland – in pictures A model of a pope is placed in the window above a bar as crowds wait for Pope Francis to travel through the city Getty Pope Francis visits Ireland – in pictures Crowds on O'Connell Street, Dublin waiting to see Pope Francis as he travels in the Popemobile PA Pope Francis visits Ireland – in pictures Pope Francis waves to wellwishers as he arrives at Dublin Airport Getty Pope Francis visits Ireland – in pictures His visit, the first by a Pope since John Paul II's in 1979 is expected to attract hundreds of thousands of Catholics to a series of events in Dublin and Knock PA Pope Francis visits Ireland – in pictures Pope Francis talks to journalists aboard a plane flying from Fiumicino aiport to Dublin AFP/Getty Pope Francis visits Ireland – in pictures LGBT protestors from Dublin Pride and We Are Church with flags and umbrellas on Ha'Penny Bridge, Dublin to remember the victims of clerical sex abuse ahead of the start of the visit to Ireland by Pope Francis PA Pope Francis visits Ireland – in pictures Pope Francis disembarks from the aircraft as he arrives at Dublin Airport Getty Pope Francis visits Ireland – in pictures Woman wait for Pope Francis to drive past, in Dublin Reuters Pope Francis visits Ireland – in pictures Pope Francis arrives at Dublin International Airport, at the start of his two-day visit to Ireland, August 25, 2018. REUTERS/Clodagh Kilcoyne CLODAGH KILCOYNE Reuters Pope Francis visits Ireland – in pictures Taoiseach Leo Varadkar delivers a speech watched by Pope Francis in St. Patrick's Hall at Dublin Castle WMOF2018/Maxwell Photography/Getty Pope Francis visits Ireland – in pictures Protesters hold banners during a demonstration against clerical sex abuse, in Dublin Reuters Pope Francis visits Ireland – in pictures Pope Francis plants a tree during a meeting with Irish President Michael D Higgins, at Aras an Uachtarain PA Pope Francis visits Ireland – in pictures Pope Francis walks with the President of Ireland Michael Higgins at Aras an Uachtarain WMOF2018/Maxwell Photography/Getty Pope Francis visits Ireland – in pictures Pope Francis arrives at Dublin International Airport, at the start of his two-day visit to Ireland, August 25, 2018. REUTERS/Clodagh Kilcoyne CLODAGH KILCOYNE Reuters Pope Francis visits Ireland – in pictures Pope Francis, center, is flanked by Irish Prime Minister Leo Varadkar, right, as they arrive to meet authorities, in Dublin AP Pope Francis visits Ireland – in pictures Protestors wearing baby shoes, to signify the children who died in mother and baby homes in Ireland, protest in Dublin ahead of the start of the visit to Ireland by Pope Franci PA Pope Francis visits Ireland – in pictures Pope Francis exchanges gifts with Irish Prime Minister Leo Varadkar AFP/Getty Pope Francis visits Ireland – in pictures Pope Francis speaks with President Michael D Higgins in his study during a visit to Aras an Uachtarain in Phoenix Park, Dublin PA Pope Francis visits Ireland – in pictures Navy band march prior to the arrival of Pope Francis at the Presidential residence in Dublin AP Pope Francis visits Ireland – in pictures Eddie McGuinness from Dublin LGBTQ Pride carries a rainbow flag across Ha'Penny Bridge, Dublin ahead of the start of the visit to Ireland by Pope Francis PA Pope Francis visits Ireland – in pictures A message left by Pope Francis in the visitors book at Aras an Uachtarain in Phoenix Park PA

What is the question being put to voters in the referendum?

The referendum concerns Article 40.6 of the constitution which states:

The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

The proposal is to amend this by removing the world ‘blasphemous’, so it would simply read:

The publication or utterance of seditious or indecent matter is an offence which shall be punishable in accordance with law.

Voters will be asked if they want to vote Yes or No on the amendment.

How likely is the referendum to pass?

The latest poll, carried out by the Irish Times/Ipsos MRBI and published on 17 October, showed that 51 per cent of people are in favour of removing blasphemy as an offence, 19 per cent are in favour of retaining it, while 25 per cent say they are undecided.

The referendum on blasphemy will be much more low key than the recent votes on same sex marriage and abortion, which were deemed to be bigger social issues. That this topic has been scheduled to share a polling day with the presidential election is evidence that the government doesn't believe it requires as much debate or scrutiny.