Pat Rabbitte (Dublin South West, Labour)

I do not see how they are mutually incompatible. One can have subsection 5 and the proper disbarment of the publication of matter that wanders outside of what is contained in the written statement. One can also have the new section I have proposed. It is a belt-and-braces provision which makes clear the practice and the rights of the victim in such circumstances.

The Minister is arguing that subsection 5 allows the judge to require the media not to proceed with publication. He did not give, however, the downside argument in respect of accepting my proposal. Why should it not be clear that it is not necessary for the court to give any particular direction or warning in the circumstances described? My amendment may be considered a belt-and-braces approach but it does make clear the practices and procedures that ought to be followed when a family member or relative decides to exercise this right.

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