Seanad debates

Wednesday, 13 December 2006

Defamation Bill 2006: Second Stage (Resumed).

 

11:00 am

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I welcome the Minister of State at the Department of Finance, Deputy Parlon, and his staff and advisers from the Department to the House. When I discussed this Bill last week, we had an opportunity to consider it over the weekend. I read a very interesting article in the Irish Independent by an eminent journalist named Colum Kenny, in which he put forward a very fair and balanced view in respect of this Bill. However, one of the lowest forms of publicity was seen yesterday in an article about the former Tánaiste in the Irish Daily Star, which ran the headline: "Mary the Blood Sucker". Deputy Harney is an excellent Minister and a former leader of a political party.

I no longer believe that self-regulation is enough. I have changed my view since last week because of this article. I wish to name the editor of the Irish Daily Star, Gerard Colleran. The paper is partly owned by Independent Newspapers. I believe a front page apology should be given to this House. Deputy Harney is one of our colleagues and at a meeting last night of the Fianna Fáil parliamentary party, she was given an ovation when she entered the room. The article in yesterday's edition of the Irish Daily Star was condemned by the largest party in the country, which felt insulted by it. I call on Gerard Colleran to withdraw the article and issue an apology on the front page of the newspaper as quickly as possible.

It is so offensive that I find it hard to express the words. How offensive must it be to Deputy Harney's husband, Brian Geoghegan, and both the Harney and Geoghegan families. I will not say more, except to say that as a result of yesterday's edition of the Irish Daily Star, I now believe the Cabinet should reconsider whether we have a self-regulating press council or whether we need an independent press council. Before the article appeared, I believed the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, was very fair and went very far to try to come to terms with the newspapers.

Another point in respect of the Defamation Bill is whether an apology from newspapers is enough. Again, there is a question mark over self-regulation. Damages serve a punitive use. The Bill provides that an apology can be printed after a libellous article or as a get-out clause. I must commend RTE and TV3.

We are served very well with our television service and national broadcasting because we pay €150 per year in a licence fee to ensure we have balanced and fair coverage of all political parties and news items. However, they would never publish an article like that published by the Irish Daily Star yesterday. That newspaper sells for €1.30. Its readers should boycott it because of this article until the newspaper issue an apology. I would find it very difficult to buy this newspaper as a result of yesterday's article.

In respect of the Bill itself, the Minister of State may have an opportunity to look at this situation. The Irish Daily Star is partly owned by Independent Newspapers, which is the largest newspaper group in Ireland and probably one of the strongest such groups in the world. By association, the editor of the Irish Independent, its staff and the proprietors also come in for questioning in this regard.

Bearing in mind that one of the most of the scandalous publications concerned the late Liam Lawlor, I have made the point — it is provided for in the Bill — that a family can continue a defamation action even when a person is deceased. I was preparing a Bill called the defamation of the dead Bill. The Minister should seriously consider strengthening the section in the Bill dealing with the defamation of the dead. The Minister did not pursue it further. Such a provision is found in some jurisdictions, such as certain states in the US, including New Hampshire. Australia is also considering such a Bill.

There is nothing more valuable than one's good name. The graveyard is the greater equaliser and leveller of all. After a person, including anyone in public life, has died, anything can be said about them. Neither they nor their families can defend themselves. The proposed press council should be strengthened so that, at least, it will take up a case on behalf of a deceased person and if the family has proof, it can go to the press council and press ombudsman and have its case processed and published.

I pay tribute to the Lawlor family, including Mrs. Hazel Lawlor, who went through a very sad time because of the libellous statement published in the Sunday Independent.

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