Ivor Callely (Fianna Fail)

I thank the Minister, my good friend and colleague, Deputy Brian Lenihan, for his explanation, which I support. I can understand equally the position of Senator Norris regarding the new Seanad and its Members. In light of the Minister's comments, we should move forward in that spirit.

The law on defamation exists to protect a person's right to their reputation against a false allegation. Society must balance the right to a reputation and the right to freedom of expression. In this jurisdiction the balance is weighted in favour of protection of reputation. The Defamation Act 1961, which we are replacing, was in effect confiding the common law which existed until then. While it has been debated on many occasions, as the Minister, Deputy Brian Lenihan, mentioned, this is the first time in a long time a Minister has tackled this much talked about issue. There unfortunately may be somewhat of a hiccough in the way in which it is before the Seanad on Committee Stage today. However, in light of what has been said, I hope you, a Leas-Chathaoirligh, will give Members freedom to discuss the issue under section 1.

The libel laws are particularly close to the hearts of journalists as nearly every journalist, in particular Paul Reynolds and John Waters, can testify. Political figures have not been so successful regarding defamation. There is one obvious exception, which was the case of Proinsias De Rossa MEP who pursued his constitutional right for unlimited damages and the jury decided in his favour. He was awarded what might have been deemed to be a relatively large award of £300,000 by the jury at the time. Few would begrudge him that award given that any political figure might have had to go to court, as I am sure most people in this House have probably been libelled at some time — some more than others. On one or two occasions I had a choice to make and decided not to go down the libel route. However, others have and have not been successful other than the one I mentioned.

My concern is not with any particular case or the one involving the MEP, but with what was addressed in the Supreme Court appeal of the De Rossa case, which, I understand, has now been addressed in section 29. I am inclined to support it. I ask the Minister to give more clarity to the section when he reaches it. Ms Justice Denham, in the course of her minority decision in that case, made the following observation——