Brian Lenihan Jnr (Dublin West, Fianna Fail)

This amendment provides that the new defence shall be known as the defence of fair and reasonable publication on a matter of public interest and not public importance. Having examined the debates on the previous Committee Stage, I am persuaded by the argument that for greater clarity it may be better to use the term "public interest" which is well understood and well established in case law.

It also reflects recent developments before the courts where Mr. Justice Peter Charleton referred to the concept of public interest rather than public importance. I do not want to open a debate yet on Mr. Justice Peter Charleton's judgment. I would prefer to discuss this under another section.