Brian Lenihan Jnr (Dublin West, Fianna Fail)

The section before the House deals with the citation and commencement of the Bill when enacted. In reply to the more general point, it is a matter for Seanad Éireann to regulate its procedures. The Government made a decision that the Bill should be restored to the Order Paper on the commencement of Committee Stage.

As Senator Norris is well aware, Seanad Éireann is a body with a continuous existence under the Constitution. It has approved this Bill on Second Stage and has considered quite a few of its sections, having almost completed Committee Stage. I recommended to my colleagues in Government that it would be appropriate to reintroduce the Bill on Committee Stage and the Government made that decision. I am anxious to hear the views of Senators on the detail of the legislation. I am open to any reasonable points made on that detail.

With regard to the principle of the legislation, the Long Title refers to it as: "An Act to revise in part the Law of Defamation; to repeal the Defamation Act 1961; and to provide for matters connected therewith." Nobody could object to the stated aim of this Bill to reform the defamation legislation. Many reports over many years have documented the difficulties faced by the litigant brave enough to take a claim in court proceedings under our current arrangement. Any arrangement which improves the position for the person whose good name is infringed is to be welcomed. A balance must be struck in this area between the legitimate and constitutionally guaranteed right to freedom of expression and the right of a citizen to his or her good name, which also enjoys constitutional protection.

The Bill is simply to revise the law of defamation and we are beginning with the first section. I am quite open to amendments, hearing Senators' comments and taking them into account when we come back on Report Stage. There is no intention of jackbooting this legislation through, so to speak, and I am quite amenable to hearing what Senators wish to say on it.

The suggestion that this is some implied contract in a complicated arrangement between the Taoiseach and a newspaper group is utterly without foundation. The provisions of this Bill have been dealt with, discussed and elaborated upon in reports over many years. Far from initiating this legislation, I am trying to close this chapter in the history of Irish legal reform.