Seanad debates

Wednesday, 5 December 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

12:00 pm

Photo of David NorrisDavid Norris (Independent)

While I will be happy to withdraw the amendment, I am glad I tabled it because it has teased out a number of issues. I greatly welcome Senator Walsh's comments that were supported by Senator O'Donovan. I agree that one must protect the independence of the Judiciary. However, one of the instances given was very interesting. If, for example, a judge in his or her court told someone, who was what Senator O'Donovan referred to as a little brat, that he was lying through his teeth, this would get a headline. However, were that person to be found innocent the next day, damage would have been done. This is the kind of point I was making. While I did not expect this amendment to be accepted, I wanted to draw such a case to the attention of the House.

This strengthens the call made from the Government side for the establishment of a form of regulatory or overseeing body. I also accept Senator Alex White's comments in this regard. While I am happy to withdraw the amendment, if the Minister responds he should indicate whether he agrees with his colleagues on the Government side. I refer to the necessity for some form of regulation in the circumstances that have been suggested, that is, if a judge makes plainly defamatory remarks that turn out to be unsubstantiated and damaging to someone who is found innocent. This is inappropriate and it is a question of regulating behaviour.

I agree that I took deliberately a sledgehammer to crack the nut. However, if the nut gets cracked by the mild blow of a nutcracker forged skilfully by the Minister, I will be perfectly happy.

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