Seanad debates

Wednesday, 28 February 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

1:00 pm

Photo of David NorrisDavid Norris (Independent)

Is the Minister imputing impure motives to his own profession? I am so shocked I can hardly stand up. Somebody who wants only an apology will be satisfied with that.

The concept of apologies being viewed as a mitigating factor in settlements for damages has been introduced. Nothing in the legislation inhibits apologies. My amendment is weak, as it states, "does not automatically constitute". However, will the Minister consider its inclusion?

With regard to the Law Reform Commission, I am delighted the Minister is so enthusiastic about its report because he has not invested in law all of its recommendations. He is a bit of an รก la carte person where the commission's reports are concerned. He picks and chooses, which is fair enough. However, when the debate resumes I will point out other areas in which equally strong recommendations were made by the commission but the Minister chose not to take them on board. I share the Minister's high regard for Mr. Justice Ronan Keane but because he said something in a report 16 years ago in circumstances that have been changed by earlier sections in the legislation is not an overwhelming argument, although it must be taken into consideration.

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