Seanad debates

Wednesday, 5 December 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

12:00 pm

Photo of Alex WhiteAlex White (Labour)

That serves as an introduction for the comment I wish to make on the balance of the section. As the Minister stated, it looks like an exhaustive list of circumstances which will be covered by absolute privilege. This is something new to our statute law. As lawyers would acknowledge, the very fact that it is a detailed list would give rise to a serious concern about matters which do not appear in it. If they are not in such a detailed list, it would be clearly seen to be our intention to have excluded them. In those circumstances I wish to raise two issues with the Minister and I am interested in his view on them.

Reference is made to courts, and it is quite proper that this is the case because, as we have already discussed, that is one of the fundamental areas that it is sought to protect. However, what is the position with quasi-judicial tribunals? I have a professional background in this area. In the previous debate speakers repeatedly pointed to worries about conflict. I do not have a conflict but I should point out that I do practise in the area of employment tribunals and have some familiarity with them. These are quasi-judicial tribunals set up under statute. Did the Minister consider whether privilege ought to attach to the proceedings of these tribunals? I refer to the Employment Appeals Tribunal, the equality tribunals, and perhaps the Labour Court. I am interested in whether the Minister addressed this issue and if so, why it was determined not to include them?

The second area relates to local authority meetings. Did the Minister consider whether privilege ought to attach to the proceedings of meetings of local authorities? I am sure he did address the matter. What was his rationale for the conclusion that they ought not to be granted the protection of absolute privilege?

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