Jim Walsh (Fianna Fail)

On the section, I want to raise a number of points, including the point Senator White alluded to earlier with regard to the absolute privilege given to Members. I understand the necessity for that. There is a system to deal with it even though I have some reservations about abuses. However, paragraph (b) states, "contained in a report of a statement, to which paragraph (a) applies, produced by or on the authority of either such House,". What we are discussing here is not the issue in the report but its subsequent publication, which can happen even if it is defamatory. I understand the necessity for it but I have some reservations about it.

Paragraph (k) refers to comments made in proceedings before a committee of either House of the Oireachtas. If I understand this correctly, it confers absolute privilege on those comments. My experience is that a clear statement is made by the chairman of the committee to members of the public who attend the meetings to submit reports or make presentations that while the members of the committee enjoy absolute privilege, they do not. This provision appears to extend it to them. I have some concerns about that because a wide range of people attend those meetings and some of them might have axes to grind.

Paragraph (m) refers to statements "made in the course of proceedings before a tribunal". I understand why the tribunal would be treated like a court but there have been many instances of people making audacious, unfounded comments as witnesses before the tribunals. Most objective observers would say that some of those comments were made for purely vexatious reasons and were without foundation. I cannot see a way of interfering with or qualifying the privilege. If Members of the Houses of the Oireachtas abuse the tremendous privilege they enjoy, they can be held to account by committees of the Houses. However, in the case of tribunals, that power does not always appear to be exercised by the chairmen. Where the chairman of a tribunal instinctively believes the comments made are defamatory and without foundation, is there a system whereby he could defer their publication for a period until the tribunal can establish their truth or otherwise?

I believe that if a structure has absolute privilege, there is a consequent responsibility to introduce a system of safeguards to ensure that if somebody wilfully comes into that structure and abuses such privilege, there must be a mechanism of correcting or stalling it. That is not in any way to interfere with people who make comments which they genuinely believe. A distinction must be made between the two. Perhaps it is not possible to deal with this but I feel particularly strongly about this point. Any privilege we have must be accompanied by responsibility, and where that responsibility is not exercised there must be a system to correct or arrest it.