David Norris (Independent)

I move amendment No. 22:

In page 18, line 24, after "not" to insert "automatically".

We had this debate on Committee Stage. Section 22(3) states:

(3) In a defamation action, an apology made by or on behalf of a defendant in respect of a statement to which the action relates—

(a) does not constitute an express or implied admission of liability by that defendant.

I wish to insert the word "automatically". Circumstances could arise in which an apology was offered and should not automatically be. This does not entirely remove the protection to the newspapers and it advances the position of the newspapers as they see it. I do not understand why simply giving an apology should automatically wipe the slate clean. There is room for some prudent judgment by a court that would not give any exposure to the newspapers. The inclusion of the word "automatically" would clarify the matter and improve the legislation.