THERE would be a question over the Government celebrating Christmas or continuing the "prayer before a Dail session if the Constitution prohibited the establishment of a State church according to the review group.
It says if such a ban was inserted, it could result in ridiculous situations where, for example, Nativity cribs were banned in offices of State agencies at Christmas.
In its chapter on Article 44, dealing with religion, the group recommends a number of modernising changes, emphasising basic human rights rather than traditional religious conventions.
The main change would be the deletion of the clause dealing with public worship. The group says it is imprecise and obscure and no longer reflected universally held views. Clause 44.1 says the State "acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion."
If deletion was "not deemed desirable or politic", it could be replaced with the statement that "the State guarantees to respect religion".
However, most clauses were found to accommodate religious and ethical differences. For example, the right of the citizen to be a Catholic or a vegetarian or both was already enshrined in the constitutional definition of "freedom of conscience", according to the group.
It also says the guarantee is similar to that found in the European Convention on Human Rights.
The group also recommended adding to the clause guaranteeing the right to engage in public worship. However, it was felt the qualification that such freedom to practise would be subject to "public order and morality" was unsatisfactory.
A new qualification based on the European Convention on Human Rights, should be used. This would create limitations "in the interests of public safety, for the protection of public order, health and morals, or for the protection of the rights and freedoms of others".
On the question of public funding for religious organisations, the group recommends an amendment allowing for public funding of institutions that retain a religious ethos, "provided they do not discriminate on grounds of religious practice or belief, except where this is necessary to maintain their own religious, ethos.
The group says the clauses relating to the State funding of denominational schools are also satisfactory. Any extension of the wording might preclude granting extra funding to disadvantaged areas or Gaelscoileanna.
It adds that the clause dealing, with the "right of any child to attend a school receiving public money without attending religious instruction at that school" is adequate. It says the clause on the preservation of the autonomy of religious denominations was also adequate.
On the clause dealing with religious property, the group recommends substituting one word. The group says the words "compulsorily acquired" should replace the word "diverted" in the Article stipulating that "the property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.
On the definition of "necessary works of public utility", the group says this should be left to the courts to interpret.
