Dermot Ahern (Louth, Fianna Fail)

The section states that in a defamation action, a defendant may give evidence that an apology has been provided. However, the amendment places a slightly stronger onus on a defendant to make an apology sooner than might otherwise be the case. In certain circumstances, there may be a reason for tactics to be employed with regard to how a defendant might address this issue, particularly in the context of whether an apology should be issued prior to or during an action. As already stated, I will accept the amendment.

On the issue raised by Deputy Kennedy and other Members in respect of a particular case - Deputy Coveney referred to a different case - since becoming Minister I asked my officials to give consideration to the issue in question in the context of whether we could take action on it in this legislation. We did not come across a precedent in other jurisdictions with legal systems that are similar to ours. As a result, we asked the legal advisory group on defamation to examine the matter.

I also raised the issue with the chairperson of the Press Council and the Press Ombudsman. Moreover, principles 4 and 5 of the Press Council's code of practice are of particular relevance. Principle 4 sets out the standards to be met in respect of the respective rights and the protection of one's good name. Principle 5 sets out the standards in respect of respecting the privacy of individuals and paragraph 5.3 sets out the standards to be adhered to in respect of the matters relating to situations of grief or shock and the respects to be afforded to grieving families. I am informed that the Press Ombudsman and the Press Council are taking a proactive stance with media organs to ensure the print media adhere to these standards.

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