Finian McGrath (Dublin North Central, Independent)

The same applies to businesses or factories. Business is often hammered, especially shopkeepers and other service providers or trade unions which are trying to do their best. That is unacceptable.

Section 14 restates the existing law relating to the defence of justification which is now renamed the defence of truth. This is an important provision because the truth is being distorted in many publications and in new fast-track media situations. All Members of the Oireachtas should make the defence of truth a priority. As elected representatives we have an obligation to serve the public. This is the reason I welcome the Taoiseach's recent statements about public service. The majority of politicians are in public life for the right reasons. They have no vested interest. The few people who have damaged the reputation of politics have damaged us all and damaged the integrity of politics. Members from all sides of the House come in to do their best.

Section 19 sets out the criteria to be considered by a court when distinguishing between facts and opinion contained in a statement in defamation proceedings. Section 20 is important and should be closely studied. It provides for a person who has published an allegedly defamatory statement to make an offer of amends. The offer shall not be made after a defence in the defamation action has been lodged. This section updates the existing defence of unintentional defamation which is at present provided for in section 21 of the Defamation Act 1961. Many people have suffered in this area. An individual distributes leaflets at the gates of Leinster House which make wild and crazy allegations about me. I have not sued the man. I got legal advice and could have sued him. I will not go down that road because of the particular situation. I spent three years fighting that case here. I did my best, I even set up a meeting with the Minister for Justice, Equality and Law Reform. Distributing leaflets at the gates of Leinster House is not acceptable and I will not tolerate it in any situation. I will use the privilege of the House to highlight this issue. I am aware that other colleagues have suffered from this type of disgraceful carry-on by some members of the broader community. It is not acceptable.

Section 22 provides that an offer of apology by a defendant to a plaintiff is not to be construed as an admission of liability. This is an important issue. I always advocate that if somebody does something wrong, whether in politics by a Taoiseach, a Minister or a TD, one makes an apology, moves on and deals with the issue. That would save much hassle, a great deal of money and many legal cases. One sees some high profile celebrities going down that route in respect of domestic issues. It is absolutely crazy. Many legal cases could be resolved if people had the cop-on to apologise if and when they make mistakes.

Section 24 introduces a new defamation defence into Irish law, the defence of fair and reasonable publication on a matter of public importance. It is essentially designed to facilitate public discussion where there is a benefit and an interest in such a discussion. The defence is subject to the criteria of fairness and reasonableness and a range of matters, which are non-exhaustive, are specified which a court shall take into account in determining whether the publication of a statement is fair and reasonable in the circumstances. The defence is forfeited where the defendant believed the statement to be untrue, was actuated by bad faith, made out of spite or ill-will or other improper motive or that the statement bore no relation to the purpose of the defence and the manner and extent of the publication exceeded what was reasonably sufficient in all the circumstances. Section 24 is important when it comes to matters of public importance. I use this opportunity to ask that in the debate on the Lisbon treaty, we deal with facts. I appeal to those on the "Yes" side particularly, who appear to be set on a course of vilifying those——

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