Jim Walsh (Fianna Fail)

I can offer an example, although I do not know whether it is a good or bad one. Let us say a person is defamed in the media as a rapist when he is in his thirties or forties. It transpires that the allegation is incorrect and without foundation. However, during cross-examination — this is what concerns me — it emerges that when he was 17 he had sex with his girlfriend who was 16 years of age. That is statutory rape under the law. I do not believe it would be justifiable that it could be used as a defence by the defendant against the plaintiff. It would be wrong. There is also the example of a person who is accused of fraud or larceny and it transpires that as a teenager he or she stole something small and was brought to court for it. These issues can arise.

A Bill is before the Lower House at present which provides for expunging certain criminal offences from one's record after a certain period of time. It would be wrong if such history is used to buttress a false, defamatory statement made in the media. That is my point. This legislation is about balance. We are talking about cases that will involve very unequal parties with, generally, huge international multimedia conglomerates on one side and, on the other, an individual with limited resources. We must err on the side of the individual with limited resources.