Jim Walsh (Fianna Fail)

I have some queries regarding subsection (2) in particular, which states:

[I]t shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought was -

(a) made in either House of the Oireachtas by a member of either House of the Oireachtas,

(b) contained in a report of a statement, to which paragraph (a) applies, produced by or on the authority of either such House[.]

Is there any qualification to this? If, for example, any report is published by the House and turns out to be incorrect, or a doubt arises subsequently and the publishers are aware through other information or sources that it is defamatory, can any action be taken to correct this? I am mindful of the Abbeylara case and the extent to which it might have implications for this section. It was found in that case that committees of these Houses did not have the capacity to adjudicate on matters which would affect the character or reputation of people,

Paragraph (k) states that the defence shall be extended to action "made in proceedings before a committee of either House of the Oireachtas". Will the Minister clarify this? In general, where outside bodies appear before committees of the Oireachtas, there would be a declaration by the Chairman that, while Members have privilege, people appearing before the Oireachtas do not. Are we extending the privilege of publication to people who do not have privilege in the first instance?

I will comment on paragraph (m) but it is a general point relating to tribunals. There has been much adverse comment in respect of people who appeared before tribunals at different stages, especially where the tribunal was hearing the case before the defendant had a right to respond to some of the allegations being made. Often it could take weeks for such people to put their side of the case. I have great misgivings about that. This may have more to do with the modus operandi of tribunals than it would have with the Defamation Bill. I must respect that, where we have a public tribunal, the press must be in a position to report on its proceedings.

My concerns are primarily about the paragraphs relating to the Oireachtas where somebody appearing before a committee does not have privilege and makes a statement defamatory to a third party that could be subsequently published. It seems there should be a way of correcting that.