Brian Lenihan Jnr (Dublin West, Fianna Fail)

This is a matter of defence not of claim. I expressed my view earlier that I must view this defence with some suspicion given it is a judicial innovation, and I am anxious to have it restricted and limited as much as is practicable. Truth should be at a premium in defamation proceedings. This creates an occasion of qualified privilege where matters of public interest are concerned. It is important that this privilege is not abused and that the position is that if there is malice or, in the words of Senator Regan, spite or ill will displayed on the face of the article, that can be taken into account in denying a defendant the opportunity to avail of the defence.