Denis O'Donovan (Fianna Fail)

I accept what the Minister said earlier that the Bill did not fall out of the sky or originate as a result of a considerable media lobby. There has been considerable thought by successive Governments and the Law Reform Commission. The Minister also mentioned Mr. Mohan's input on the matter. We are enlarging on the old phrase, "justification". I may be wrong in this. However, my perception is that to prove something beyond yea or nay, the burden of proof is much stronger to prove something is true before a judge and jury. Is there a raison d'être for using the word "truth", as I would have felt the old defence of justification was quite acceptable? I saw no great desire by any lobby to use the word "truth". While I may be getting this wrong, I feel the use of the term "truth" raises the bar. It is much stronger to establish truth rather than justification in a court of law, especially before a jury.

Certain justifications can be claimed. I was at a meeting the other night at which I was told "Sure you're all on the take and looking for more money", which is a general perception. However, the truth is that 95% or 98% of politicians are decent, honest and hard-working people. Justification and truth are at different levels. We are raising the bar. I ask the Minister to explain why he is making this change. While I may be missing the point, I feel there will be a far greater onus on the defence to establish that something was true beyond yea or nay. Justification seems to be easier to establish from a court perspective.