Brian Lenihan Jnr (Dublin West, Fianna Fail)

On Senator Alex White's technical amendment, I come back to my core point that the timeframe is supervised by the court. The newspaper or publisher has an incentive to give a quick apology because that will reduce the person's damages. That is the best incentive. Senator Regan said the section refers only to actions and not to the promptness of the apology. It refers to an apology before or after an action has been instituted which may be well after the original offending article or broadcast. I will consider the issue. I signal to the House that on Report Stage I will revisit this section with a view to inserting some reference to the prominence of the apology in the section.

Following Government approval concerning the decision to restore the Bill to the House, the Government decided that the Defamation Bill should provide for equal prominence to be given by publishers of offers of apologies to make amends to persons defamed as to the original defamatory statement. I am working on the matter and I intend to introduce proposals on Report Stage. While considering that issue I will examine whether there is value in including a reference to the promptness with which an apology was given. On balance my instinct is that it is a matter better left to the courts. However, I will examine it.

On the wider issue raised by Senators Norris and O'Donovan about deceased persons, Senator Norris gave an example and I could give several more. I do not wish to do so, however, out of respect for the feelings of the families involved. They were all published in Irish newspapers. It is a deplorable tendency and is completely at variance with our traditions as a people. I am determined to deal with the matter as I have said to the media organisations. Mr. Horgan should be given an opportunity to address it as Senator O'Donovan indicated. However, if he does not, I do not intend to postpone the issue to some indefinite future date.