Finian McGrath (Dublin North Central, Independent)

I am being heckled by Deputy Durkan and it is very difficult. I have to deal with Deputy Durkan every day of my life. His leader heckled me this morning. As I said before I was rudely interrupted, section 35 creates a new offence of publication of gravely harmful statements. This applies where a person publishes a false statement causing grave injury to the reputation of the person and intended to cause that grave injury. This is an important provision. Many TDs, Senators and Ministers have suffered following the publication of gravely harmful statements. It is important that we take a strong line on section 35. I emphasise that we deal with the facts, truth and justice.

Section 38 provides that a cause of action in defamation should survive the death of the person in respect of whom the defamatory statement was made. It also provides that a cause of action in defamation should survive the death of the defamer.

Section 40 provides that, notwithstanding current jurisdiction limits, all defamation cases where the amount of the claim does not exceed €50,000 may be taken in the Circuit Court. We need to look at the issue of claims and the amount of money being given to some people. I disagree with some of the claims and some of the judgments handed down. In respect of some other claims the judges have not awarded a sufficient amount. Some balance is required in respect of this provision. Section 40 is relevant in the broader debate.

Section 43 deals with the press council. I congratulate my colleague, Deputy Tony Gregory, on winning his recent case in the press council in respect of a number of media outlets. Section 43 provides that the Minister shall, on application to him and having satisfied himself that the applicant materially complies with the minimum requirements prescribed in Schedule 2, make an order recognising the applicant as the press council. Only one such press council may be granted recognition at a time. This section also provides for the amendment or revocation of an order of recognition granted to the press council, should the Minister form the opinion that the press council no longer adheres to the minimum requirements prescribed in Schedule 2. The press council must be afforded the opportunity to address the matters of concern prior to the moving of any order. A draft of an order under section 43 must be approved by both Houses of the Oireachtas before the order is made by the Minister.

I welcome the formation of the press council. In a recent dealing with the press council I found it very efficient and fair in regard to my case.

I welcome the Bill to which there are many positive aspects. To my colleagues in the House, if they are having a debate, I ask them to look at the facts, deal with the issues and let us have less of the waffle.

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