Jim Walsh (Fianna Fail)

Not long ago, a case was taken in Ireland and I listened to a radio broadcast concerning it. The editor made a significant financial settlement but did so without an apology. He was at pains to point out that he did so because of the financial bill of legal costs that would have arisen and the fact that the plaintiff may not have been in a position to pay the costs of the case if it were lost. In a genuine situation, it would be grossly unfair to put the plaintiff in such a position. If only people of significant wealth, such as Denis O'Brien, Michael O'Leary and J.P. McManus, can vindicate their names, we have not done a good day's work. It must be also open to others.

I ask the Minister to examine this section and to consider whether section 27(4) is needed. The Minister referred to the judge making an order for the publication of an apology. Perhaps the section should include a broad hint that would encourage the Judiciary, while leaving some judicial discretion, to do so unless there is a valid reason not to do so. Let us not consider those cases that do not have foundation. Many people who take this route have genuine cause of complaint because of defamation. It is important that an apology can be granted because this is why the cases are initiated even though, as the Minister states, principle has a price. The declaratory order is an avenue that did not exist previously and mitigates this but balance is needed.

If a person seeks a declaratory order it is not a deterrent to the press. The costs are much lower because it is much quicker but that may not ensure implementation, particularly because we have no independent press council, an organ created by the media. In any case it does not have the force of law to implement standards. The deterrent to defamation comes from the potential risks the media take with the cost of court cases rather than the award. The costs are generally multiples of the award and are the real deterrent. Where we dilute that we must be mindful of the consequences for media standards.