Seanad debates
Tuesday, 11 March 2008
Defamation Bill 2006: Report and Final Stages
5:00 pm
Eugene Regan (Fine Gael)
I welcome the fact that the Minister addressed the prominence of the apology, which was an issue raised by me and other Senators on Committee Stage. Time is of the essence in terms of the meaningfulness of an apology. The formulation I proposed in amendment No. 20 has a lighter touch than that suggested by Senator White. It refers to a period within 30 days from the date of the written complaint or as soon as is practicable thereafter. It emphasises the issue of time but does not lay down a firm limit. It is that type of timing which the court can reasonably have regard to. As Senator Alex White said, to come in with an offer of an apology on the day of the court hearing does not merit being considered in the same light as an apology that is promptly given within 30 days or so of a written complaint. The wording of this section would be improved if there was some rephrasing to give greater emphasis to the timing of the apology. I ask the Minister to reflect on that.
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