Seanad debates

Tuesday, 4 December 2007

Defamation Bill 2006: Committee Stage

 

4:00 pm

Photo of David NorrisDavid Norris (Independent)

I have a question on this section. I understand the principle that retrospective legislation is highly regrettable and vitiates many of the best principles of the law. While I may return to this issue later, I have been made aware of a case in which highly serious, unpleasant and completely inaccurate statements were made about a deceased person to the great regret of his family. Completely incorrect and gross accusations of sexual behaviour were published on the front pages of newspapers and the family had no redress because the man was dead. Moreover, attempts were made to invade the funeral. This was a really shocking business and the family has asked me to raise this matter although they do not wish their grief to be exacerbated by mention of the family name.

When the family wrote to the press ombudsman, they were informed that they were caught in a gap and that he would not be able to do much about it. This is extraordinary. While I do not seek retrospective legislation in terms of rewriting section 3, at some stage during the Bill's passage, I ask the Minister to address this principle and this case in particular. I can make available its details to him directly and I believe he will be highly shocked when he reads what was printed, completely wrongly, about this unfortunate man who was murdered, to the great distress of his family.

The cause of death was reported wrongly. It was alleged that it was a sex game, in which he was involved and that he was trussed up like a pig. However, it was no such thing. He was killed by a single stab wound to the carotid artery and his teenage nephews and nieces are highly upset and traumatised. They have been asking their parents what was going on as they knew their uncle as an extremely gentle, decent and good man. Although this man became the victim of a brutal murder, the newspapers had a perfect right to splash all these lies about him all over the place, to the distress of his family. Obviously, retrospective legislation is not a good principle. However, I wonder whether these people will have an opportunity to receive some degree of redress and of real retraction of this material.

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