Dermot Ahern (Louth, Fianna Fail)

I have been in national public life for 22 years and in that period there were occasions on which I felt inclined to take legal action. I can well recall an article in respect of which a senior counsel told me there were eight different instances of clear libel against me. I was advised by my brother, who is also a solicitor, and he asked me whether I believed the people of County Louth would change their vote from a No. 1 to nothing or a No. 1 to No. 2 at the next election as a result of the article. This was very good advice. My experience and history indicate that Members of the Oireachtas should not take libel action against the media because they generally lose. That is not to say they cannot be sued themselves. This is partly what the Deputy is trying to address in his amendment.

I have some sympathy with the Deputy's argument in so far as it brings itself to bear on people in public life, particularly in the context of widening the possibility of action being taken against people in public life, not just Members of the Oireachtas but others in the public eye, given the changes in the other sections, particularly in respect of the defence of fair and reasonable publication. In this respect, it is conceivable that somebody in the media could say something very slanderous against one and plead a defence under this legislation when passed, even though there would no truth in their contention. The change proposed is fairly significant. At the same time, the benefit of the legislation is that it will allow an apology to be given shortly or quickly after the event without admission of liability. Over the years, this issue has constituted one of the biggest blocks to having matters sorted.

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