Jim Walsh (Fianna Fail)

I take the point the Minister of State makes but I strongly urge him between now and Report Stage to have another look at the issue. It is not necessarily good enough to leave an issue such as this to the courts. We are making a significant change in the laws of defamation, which I will comment on when we come to the section. In doing that, there needs to be regard to the ordinary citizen who may well find himself or herself in a position where he or she is seriously defamed and, because of the way we construct the legislation, everything is stacked against him or her.

If a serious journalist or publication were not to make any effort to establish from the party being defamed whether what was to be published was true and giving that party such an opportunity, that would be a serious breach of standard ethics in journalism. I do not think we should prescribe for that in law. It is wide open to the courts to interpret it. Conversely, where a case was pending and the publication had a letter from a solicitor, it would not be good enough for the publication to try to establish from the individual whether it was right or wrong. At that stage one would not give kudos to anybody for going to them.

While one does not have to make contact, the important issue is that an honest effort is made to make contact in advance. That is the very least I would expect where a serious defamation issue arises. I urge the Minister of State to look at that issue between now and Report Stage because we are ad idem in the House. All the wisdom on this issue does not reside just within the Department. The views of the Houses of the Oireachtas should be reflected in the Bill as well.