Sheila Terry (Fine Gael)

The Minister is very welcome to the House to debate this important issue. I welcome the opportunity to discuss the important matters of defamation, law reform and the regulation of the press. These are two entirely separate but not unrelated issues. The Government has sought to ensure that the reforms in each area are dealt with in a way that they appear to be dependent on each other. However, this should not necessarily be the case.

The tort of defamation involves the reconciling of two conflicting constitutional rights. This is why it becomes such a contentious issue. They are the right to free speech, as guaranteed by Article 40.6.1o of the Constitution and the right to one's good name, as guaranteed by Article 40.3.2o of the Constitution. These principles are also reflected in Articles 10 and 8 respectively of the European Convention on Human Rights.