Frank Fahey (Galway West, Fianna Fail)

Section 24(2)(f)(i) makes specific reference to adhering to a code of standards equivalent to those of the press council where the publisher of the periodical is not a member of the press council. This provision is very sensible as a periodical may for whatever reason — it could be valid from its perspective — decide not to be a member of the press council. We should allow such a periodical to access such a defence. We cannot force periodicals to take up their entitlement to be members of the press council. Thus when seeking to invoke the new defence, the existence of an equivalent code of standards similar to that to be established by the council or its absence will assist a court in its determination of whether a published statement was fair and reasonable on behalf of the non-member of the press council. For that reason I oppose the amendment.