Seanad debates

Tuesday, 11 December 2007

Defamation Bill: Committee Stage (Resumed).

 

5:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

There are issues of law and issues of policy here. On the narrow issue of law, as Senator Regan points out, I have the power to revoke the recognition of the press council as it is written into the Bill. That can be exercisable at any time. If the council does not comply with the minimum standards prescribed for it under this Bill, I can revoke it. That is clear and it strikes the balance correctly. If I go down Senator Walsh's route of announcing a legal review, I fear I will put myself in a position where the council is no longer independent in the performance of its functions and I will have to engage in a comprehensive audit of it in a designated period as a matter of law. The period referred to in Senator Walsh's amendment is five years. I would prefer to take the approach, as I have outlined during this debate, of leaving the Privacy Bill on the Order Paper of this House, reviewing developments and giving the Press Council, as a matter of practical policy, an opportunity to flourish and address the issues Senators have raised in this debate.

I want to refer again to the behaviour of the media on people's deaths. The use of the libel law will not address all the issues involved because there are profound issues of taste as well as truth and falsehood, for example, the photographs taken of people in mourning. The Press Council must address these issues as well as other matters mentioned in this debate.

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