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Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: I move amendmentNo.13: In page 18, between lines 8 and 9, to insert the following subsection: "(2) The court may regard an apology as effecting a substantial mitigation of damage if, but only if, it is made within 14 days of complaint being made in respect of the utterance to which the apology relates, and if the defendant's proposals for publication of the apology are reasonable.". This...

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: I agree with most of what the Minister said. In particular, I agree with his comments on subsection (3) and his contention that an apology should not constitute an express or implied admission of liability. I thank Senator Norris for his support of my amendment and I wish I could return the favour on this occasion. Unfortunately I cannot, as it would open up——

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: I am hoping for a chance to support one or other of the amendments Senator Norris has tabled very carefully to this legislation. He has given much attention to it, both on this occasion and the last, as we can see from reading the transcripts. If we introduced the word "automatically", it would then give rise to a debate as to the circumstances in which an apology should or should not...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: I support this section and disagree with Senator Norris. I do not think it is a licence for judges to defame people. I ask the Minister to confirm this but my understanding of this protection — if it can be called such — is practically ancient. Authority for this proposition goes back at least 400 years——

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: It certainly goes back to the early 17th century. The principle is a very good one. I suggest if Senator Norris reflects on it, a good analogy is the protection afforded to us in this Chamber. We have a responsibility in this House to debate public issues, to deal with the cut and thrust of those issues. There have been occasions when — I will not say Senator Norris — some of our...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: That serves as an introduction for the comment I wish to make on the balance of the section. As the Minister stated, it looks like an exhaustive list of circumstances which will be covered by absolute privilege. This is something new to our statute law. As lawyers would acknowledge, the very fact that it is a detailed list would give rise to a serious concern about matters which do not...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: It is somewhat controversial at the moment as to whether it is or not.

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: The Taoiseach.

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: I seek clarification from the Minister on one point. My understanding of paragraph (k) is that a statement "made in proceedings before a committee" includes a statement made by a witness giving evidence at the committee.

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: As I listened to Senator Walsh I wondered if I was wrong but that is clearly its meaning.

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: I wish to put on record my view that this is an entirely appropriate provision and that absolute privilege ought to attach to witnesses before committees of the Oireachtas.

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Alex White: I do not think that is part of this grouping of amendments. We are discussing Nos. 6, 7, 9 and 10.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: The plaintiffs have astute advisers also.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: Absolutely not in defamation.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: That is untrue.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: That is silly.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: I was going to address the last issue later as it is perhaps a bit more relevant to other sections but as the point has been again made by Senator Norris, I will address it. In the context of dealing with defamation law, the fact that the newspaper industry has pressed for change and some of the changes included in this Bill may be welcomed by the industry does not of itself suggest we should...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: I would be perfectly happy to have a debate on the newspaper industry but it seems the most serious issue in that area is the proliferation of ownership and control among a small number of people, whether it is the O'Reillys or anybody else. A small number of people nationally, and increasingly internationally, control the newspapers and media. Governments clearly must intervene in that...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Alex White: ——does not line me up with press barons, irrespective of whether I am a member of the Labour Party. I am perfectly free to make the argument in the context I make it. I will not fly off the handle as other people seem to do at the least suggestion in here but I take exception to the coupling of the argument I am making, in the context of freedom of expression, with the notion of the big...

Seanad: Order of Business (5 Dec 2007)

Alex White: I raise once again the issue of immigration policy. The Minister of State with responsibility for integration, Deputy Conor Lenihan, indicated yesterday it may be necessary to introduce legislation annually to deal with the issues of immigration and integration. I remain to be convinced it would be necessary to introduce legislation every year in any area of public policy, notwithstanding...

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