Brian Lenihan Jnr (Dublin West, Fianna Fail)

In respect of time lines, as Senator Walsh pointed out, the formula used in the Bill is "as soon as practicable". I am being asked to go beyond that and have concepts of strict time limits within which the apology will only operate for the purpose of the section — within 30 days, which is Senator Regan's proposal, or Senator Alex White's proposal which is that we can have an apology as a substantial mitigation of damage within 14 days. In the event of a case taking place, the formula "as soon as practicable" leaves it to the courts to determine whether reasonableness and promptitude were observed. I am not convinced that we, as legislators, should be more prescriptive than that.

Listening to Senators Alex White and Regan, I thought of future libel textbooks replete with chapters devoted to the subject of the distinction between a substantial mitigation of damage and ordinary mitigation of damage or, in Senator Regan's case, of the reasonable and adequate apology and the amount of jurisprudence and juristic thought which would be expended on it. It is not desirable for us as legislators to state the law in such a prescriptive form. It suffices in this context to state the general principle that matters should be dealt with as soon as practicable where an apology is merited and leave it to the courts to determine the application of that to the particular facts.