Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed)

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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Apologies have been received from Senator McDowell. Other members may come and go during the meeting or join us online. I welcome the witnesses. It is good to have them here. I remind all present to turn off their mobile phones or switch them to flight or silent mode because they can interfere with the sound system.

The purpose of the meeting is to resume our engagement on the general scheme of the defamation (amendment) Bill. I am sure the witnesses are aware how this works. We had a previous session, which I am sure some of our guests observed or read reports on afterwards. For larger pieces of legislation, we typically have more than session and this is the second day of our engagement on the proposed Bill, which is before us for pre-legislative scrutiny. We hold our deliberations and publish a report after engagement with the witnesses and other groups and that will inform the shape of the actual Bill when it begins its passage through the Houses.

I welcome: Mr. Colm O'Reilly, chairman of NewsBrands Ireland and chief operating officer of the Business Post; Mr. Michael Kealey, solicitor, representing DMG Media Ireland; Mr. Bob Hughes, executive director of Local Ireland; Mr. Ronan Kennedy, senior policy officer at the Irish Council for Civil Liberties, ICCL, who has a focus on anti-SLAPP, strategic lawsuit against public participation, legislation; Ms Jessica Ní Mhainín of Index on Censorship; Dr. Mark Hanna, professor in media law at Durham Law School; Dr. Michael Foley of the National Union of Journalists, NUJ; and Mr. Ian McGuinness, Irish organiser at the NUJ. They are all very welcome. We are also joined by two representatives from the Department of Justice: Ms Madeleine Reid, principal officer in the area of civil justice legislation; and Ms Noreen Walsh, assistant principal, civil justice legislation. They were also present at the previous session, so there is a bit of continuity there. Members are seated on the other side of the table, to my right, and may come in or out as we go through, while others may join online.

I will now read a brief notice on parliamentary privilege. Witnesses and members are reminded of the long-standing parliamentary practice to the effect that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or to otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. If their statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks and it is imperative that they comply with any such direction. Witnesses participating from outside the Leinster House campus are subject to another qualification in terms of the privileges not extending that far. That is not an issue for this meeting but it is noted. It would be both unfortunate and ironic if a meeting on defamation were to result in a defamatory statement. Let us hope we avoid that situation. We might establish precedent in other ways.

Since there are quite a few groups present, we have allocated three minutes for each group's opening statement. We will then do a round of committee members, with each member getting a six-minute block to put questions and take answers. It is up to each member how to use his or her time. A member can engaged in a monologue for five and a half minutes and allow 30 seconds for responses or, dare I say it, use the time more wisely. After six minutes, we will move on to the next member. If needs be, we can have second and third rounds. We generally find that, if one member does not get to ask all of his or her questions, another member will probably pick up where he or she left off. The witnesses may find the clock in the top corner useful. They may feel constrained by the three minutes, but it will only be their opening salvo. There will be plenty of opportunities over the next few hours to elaborate.

We will start with Mr. O’Reilly.