Michael McDowell (Dublin South East, Progressive Democrats)

It is interesting that slander is not actionable without proof of special damage and except in certain cases. One of the latter instances is imputing dishonesty or criminality to a person, while another is imputing unchastity to a woman, a man or whomever. I am following the recommendations of the Law Reform Commission in merging the two torts. There is, however, a slight reluctance on my part in that regard because I am of the view that people make verbal statements in the heat of the moment and these should not be dealt with on the same basis as those which appear in written form or which are broadcast. The old distinction between slander and libel was not completely antediluvian or lacking in substance. People say things in the heat of the moment which, even after only 20 seconds, they would retract. People listening to conversations know that individuals say things that they do not really mean or over which they would not stand.