Jim Walsh (Fianna Fail)

I am a strong proponent of the list approach because absolute privilege should be confined to where it is essential and necessary for people to function effectively. The question of local authorities is an interesting one. Councillors enjoy some privilege if not absolute privilege when speaking.

A case occurred in Wexford a quarter of a century ago when one of my colleagues on the county council criticised the management of the local landfill site in fairly condemnatory language. There was much agitation in the area because of the nuisance people encountered with flies, smells, etc., due to the way in which the site was managed. On the face of it, the comments made appeared to be fair but the landfill site employee whose job it was to maintain the site took a legal case against the councillor, who was a former eminent Member of the Lower House at the time or subsequently. The case went on for a considerable period but to the best of my knowledge he was found not to be in breach of making a defamatory statement. The judge sensibly took the view that in his position as a public representative, he was entitled to make the point but it struck me, with the points being put forward, that it is an interesting anecdote in terms of ensuring that councillors, in the genuine performance of their functions, are not exposed to similar circumstances which could inhibit them functioning effectively at local authority level.