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Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: I still am one of them.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: I have to agree with Senator Walsh. Not every newspaper person thinks it is a good thing that fact and opinion are mixed to the extent they are. I belong to the C.P. Scott school that facts are sacred but comment is free. It is important to ensure that comment remains free in this area. There have been slippages in journalistic standards, not only in Ireland, but generally and it has...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: Some journalists get a Pulitzer prize for such stories.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: Ba chóir dom labhairt as Gaeilge chun deireadh a chur leis an díospóireacht seo. It might be helpful if we remember that later we will discuss a press council and a code of practice. Codes of practice are capable of and include provisions which cover the matter of concern to Senator Walsh. I would think that is the section to deal with this concern.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: I agree that libellous comment on a front page should be corrected on the front page and not among the small advertisements or the stop press. The formulation in the legislation is acceptable in the sense that it seeks proportion. It might actually dispose of concerns I have over another section. As section 20 stands, I am satisfied with it.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: Or under planning applications.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: On a procedural point, is it necessary to extend the sitting to compensate for the overrun on the Order of Business? Members imposed on the Leas-Chathaoirleach's patience and we had a discursive response. We lost approximately 20 minutes of the debate. It would be helpful——

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Maurice Hayes: Related to Senator Jim Walsh's point, perhaps if the Minister could insert a phrase such as "and not subsequently corrected or withdrawn by that Member", it might cover it. The publication is in good faith once it comes, but if there is a retraction or correction in good faith, it should be taken account of as well.

Seanad: Order of Business (28 Feb 2007)

Maurice Hayes: I want to speak about an issue which is germane to the matters raised by Senators Brian Hayes and O'Toole regarding therapists, namely, the extent to which the intent of legislation is frustrated by the inability to provide sufficient staff. I do not understand why a trainee grade cannot be developed to retain the people concerned because they will be difficult to replace if they leave the...

Seanad: Order of Business (27 Feb 2007)

Maurice Hayes: I am moved by Senator Ó Murchú's intervention because some years ago my wife had a similar harrowing experience. The Prison Service may well be confusing not having a statutory duty and not having the power to inform victims of prisoners' releases. There is nothing to prevent an administrative instruction being given in this regard. We do not have to wait for legislation. An...

Seanad: Order of Business (Resumed) (21 Feb 2007)

Maurice Hayes: I am sorry for upstaging the Leader. It might help Members to consider the relevance of what Senator Mansergh was talking about if I remind them that the situation already exists in Northern Ireland.

Seanad: Order of Business (Resumed) (21 Feb 2007)

Maurice Hayes: The law has already been changed in Northern Ireland. We may have an interest, therefore, through cross-Border bodies. I have considerable sympathy for the point raised by Senator Mansergh. I believe a conscience clause, such as that which exists for abortion and other issues, should be introduced. It would not deny people the opportunity to adopt because they could use other agencies....

Seanad: Order of Business (Resumed) (21 Feb 2007)

Maurice Hayes: Abortion is in line with this jurisdiction but adoption is in line with the UK.

Seanad: Order of Business (Resumed) (21 Feb 2007)

Maurice Hayes: It is in Northern Ireland.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Maurice Hayes: I must make a series of declarations of interest. I am a director of Independent News and Media, a writer and have acted as a facilitator to a steering group which was developing proposals for a press council and ombudsman. I support the Minister's arguments for retaining the words "in particular". I was visited with the threat of libel over a book I wrote. In it, I contrasted the...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Maurice Hayes: It is pleasing to discover that any type of feelings are imputed to such bodies. I strongly support Senator Norris in this. It is a supreme example of what is called a pathetic fallacy: the idea that inanimate bodies have feelings. This provision carries the notion of legal personality further than logic would bear it. Like Senator Norris, I do not believe bodies corporate have feelings...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Maurice Hayes: This provision is against the public interest and I ask the Minister to withdraw it.

Seanad: Defence (Amendment) (No. 2) Bill 2006: Second Stage (6 Feb 2007)

Maurice Hayes: I may not be safe.

Seanad: Defence (Amendment) (No. 2) Bill 2006: Second Stage (6 Feb 2007)

Maurice Hayes: I welcome this Bill, partly for the opportunity it presents to pay tribute to the Defence Forces' fine peacekeeping record across the world, the credit they have brought to this country and what appears from the outside to be their generally high level of discipline and behaviour. The Minister will be relieved to hear that I speak from a position of profound ignorance of the subject and I am...

Seanad: Defence (Amendment) (No. 2) Bill 2006: Second Stage (6 Feb 2007)

Maurice Hayes: Senator Mansergh spoke about Admiral Byng and I am reminded of Captain Queeg from The Caine Mutiny. While I do not foresee such a situation arising, I note the absence of a provision for whistleblowers similar to that contained in the Garda Síochána Act 2005. One of the oldest manifestations of the ombudsman institution in Sweden is the office of the military ombudsman, which was...

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