Joe O'Toole (Independent)

I take it that the phrase, "and has refused or failed to do so or has done so in a manner that is not adequate or reasonable having regard to all the circumstances", means that partial privilege is allowed in certain circumstances but that if a publisher refuses to implement what has been asked of it by the press council or press ombudsman, partial privilege will no longer be extended and that the complainant will be able to have recourse to the courts. I am interested in discovering the connection between the press council's deliberations and findings and the restrictions that will be introduced on foot of the long sentence to which I refer. Perhaps the Minister for Justice, Equality and Law Reform will indicate how a person may have access to the courts.

The greatest difficulty with the press council will be the lack of sanctions. I accept that, under the Constitution and the law, it might be very difficult to fine people. However, I would like the power to issue fines to be granted. I will table an amendment in this regard. Just as a public house can be closed for a period if its owners do not comply with the law in the context of selling alcohol to under age people or not complying with the smoking ban, I am of the view that a publication should be closed down for a number of issues or days if it transgresses. This would give the press council teeth.

It should be part of every editor's contract to comply with a code of ethics and with what is required of him or her under the legislation and by the press council and the press ombudsman. Editors should be required to do as they are bid by the press council or the press ombudsman. I expect to table a number of amendments for Committee Stage. I apologise to the Acting Chairman for exceeding my time.