Michael McDowell (Dublin South East, Progressive Democrats)

Senator Norris is seeking a new provision requiring people, where they plead what used to be justification, to set out the facts upon which they will rely with regard to such justification. I will look at that between now and Report Stage. I believe it is already covered by rules of court but I could be wrong, and I do not know if it is necessary to put it into primary legislation.

On Senator Jim Walsh's point, I am aware that some people do or do not have absolute privilege in respect of statements made in committee. From memory, the Constitution confers absolute privilege on Members of the Houses of the Oireachtas in respect of statements they make, but non-Members are in a slightly different situation. I will look at the matter and see if we need to tidy it up.

I am aware that the legislation dealing with the privilege of people testifying before committees means such people are dealt with on a sub-constitutional basis, if I can use that phrase. As I understand it, both Houses have now enacted Standing Orders which give people the right to contradict defamatory statements made about them in either House. That is to some extent a countermeasure to the absolute privilege conferred by the Constitution.