David Norris (Independent)

I am not at all sure we should debate who was hurt most as I thought the woman in question had a very reasonable case. She suffered the traumas of the accident and was then told she had been in the car with Mr. Lawlor for the purposes of prostitution. It was indicated that she was a well known teenage prostitute and I think that is a shocking thing to say about a person. I think she is entitled to feel as hurt as anyone else in this case.

I agree with Senator Alex White's argument in favour of the Labour Party's amendment as I think the principle is correct, though I am not sure of the time. People closer to the newspaper trade would be better able to say but 14 days may very well be reasonable; I am not sure of this but I support the principle. I was pleased to hear the Senator speak of the sting of libel as it seems we are returning to the area of feelings, and Senator O'Donovan spoke in a similar way.

I will turn briefly to my own amendments, which sought to insert the word "automatically" in lines 15 and 17 on page 18, section 22. The changes mean the text would read:

In a defamation action, an apology made by or on behalf of a defendant in respect of a statement to which the action relates—

(a) does not automatically constitute an express or implied admission of liability by that defendant, and

(b) is not automatically relevant to the determination of liability in the action.

I suggest these changes because I understand the press interests the Minister is addressing. Editors and proprietors of newspapers are almost unable to print apologies because they constitute an admission of liability. Insurance companies tell those involved in car accidents to never admit liability at the scene of an accident and this is similar. People sometimes admit liability and are probably right to do so if they were in the wrong. However, I think it is unfair on the plaintiff that printing an apology automatically expunges all other redresses. I suggest there should be balance and the court should be allowed take apologies and admissions of liability into account when making judgments. This would give a greater scope for the operation of judgments. It might not have a great impact on damages awarded but it would leave it open to judges to acknowledge apologies and decide whether they constitute an admission of liability.

Apologies do amount to an admission of liability and we are, in my opinion, simply giving immunity to those who make admissions of liability. I do not think people who apologise should get away with what they said in every case thanks to the words "I am sorry". That is like something out of the film "Love Story" where the tag line was "love means never having to say you're sorry". In this case it seems one can get away with murder if one says "sorry". One can say the Minister is a well known murderer and bank robber only to disclaim liability by saying "I am sorry, I will read that again" afterwards. I do not believe this is necessarily a good idea and feel the insertion of the word "automatically" strengthens the Bill while retaining the protection so ardently sought by newspapers.