Seanad debates

Tuesday, 20 February 2007

Defamation Bill 2006: Committee Stage

 

Section 40(3) provides that nothing in a relevant enactment shall operate to prohibit the preparation of a report on court proceedings in family cases or the publication of the decision of a court in those proceedings. It goes on to state that the identity of the parties to the case, or any child to which they relate, must not be disclosed. That is of particular importance. However, it has become clear that reports under section 40(3) of the Act would not attract absolute privilege, and for the purpose of reporting proceedings or publishing the decision of a court it is unclear whether a reporter may have access to documentation in the proceedings such as pleadings and settlements. I am addressing the issue of absolute privilege with this amendment to the Defamation Bill. I propose to make further provision in the Civil Law (Miscellaneous Provisions) Bill to clarify the issue with regard to access to documentation.

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