Simon Coveney (Cork South Central, Fine Gael)

I wish to comment on the right of deceased persons to have their good names cleared. The House recently brought its deliberations on the Broadcasting Bill to a close. One of the long discussions in which we engaged on the various Stages of that Bill related to whether a deceased person's legal representative or a member of his or her immediate family would have a right of reply if an inaccurate, incorrect or libellous story relating to him or her was broadcast. The case of Liam Lawlor springs to mind in this regard. Most people would accept that Mr. Lawlor's family was treated disgracefully by the media in the context of inaccurate accounts relating to the circumstances surrounding his death, who he was with at the time and so on.

Once a person is dead, he or she no longer has a constitutional right to protect his or her good name. In that context, we should take action to ensure that deceased persons are not fair game for inaccurate coverage in respect of what they did while alive or regarding the circumstances surrounding their deaths. There is a need to ensure that immediate family members or legal representatives of a deceased person should have the right to protect his or her good name. A person's right to his or her good name should remain intact regardless of whether he or she is alive or dead.

There have been some very cruel instances where family members have not been able to clear the good names of their deceased relatives. There is no doubt that a gap exists in this area. The Minister for Communications, Energy and Natural Resources, Deputy Ryan, was obliged to deal with a challenge similar to that faced by the Minister for Justice, Equality and Law Reform in the context of how one protects the good name of someone who is not longer with us. I appeal to the latter to give consideration to this issue.

It is debatable as to whether a voluntary code of practice can work. I am of the view there should be some bias in law towards protecting the good names of those who are no longer around to do so. If these people cannot protect their own good names, then a member of their family or a legal representative should be able to do so on their behalf. This is one of the anomalies in the Bill with which I have a personal issue. We have a responsibility to try to address this matter rather than merely stating that, as a result of the way the Constitution is constructed, it is not possible to deal with it in law. I appeal to the Minister, even at this late stage, to try to respond to our concerns.

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