Frank Fahey (Galway West, Fianna Fail)

I propose to deal with amendments Nos. 12 and 14 together. Amendment No. 13 is a technical amendment. Senator Cummins's amendment No. 12 would radically alter the purpose of the proposed new defence of fair and reasonable publication. Section 24(1) provides for the defendant in a defamation action to prove that the statement in respect of which the action is brought was published in good faith and was published in the course of, or for the purpose of, the discussion of a subject of public importance, the discussion of which was for the public benefit. These two qualifications are critical and are not divisible. While it will be ultimately for the courts to decide the exact nature and extent of this new defence, it must retain the qualification that a matter of public importance be the issue. For that reason, the amendment is opposed.

Amendment No. 14 is somewhat related to amendment No. 12 in that it seeks to divide the essential qualification of the defence. The good faith requirement is a necessary precondition on the publisher of the statement and is indivisible from the public importance requirement. I oppose this amendment also.