Jim Walsh (Fianna Fail)

I understand some people will just want to clear their names and therefore will seek a declaratory order in order not to become involved in the high cost of prosecuting a case. It is my understanding that if a declaratory order is made, no compensation would follow. I am concerned that if there is no financial penalty, there is no incentive for journalists to be responsible. I accept it is up to individuals, but it comes back to the balance of resources between the defendant and the plaintiff. In general, defendants will be corporations of significant means. If an independent press council found in favour of a plaintiff, there should be some mechanisms to allow compensation to be paid. In the public mind, the issuing of such an order would indicate defamation had taken place and one side was in the wrong. I appreciate the Minister of State may not be able to do much in this regard because declaratory orders were devised as a short-cut in the system.