Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Mullen referred to that. I was open in my attitude to this Bill which was introduced to this House in the lifetime of the previous Seanad. On my appointment as Minister, I decided to review it. This included a process of consultation with interests in the legal profession many of whom take the views put forward by Senators Norris, Mullen and Walsh. I also met representatives of the media organisations, both on the journalistic and the editorial side. The views of the journalists did not always correspond with those of their editors. I tried to strike a fair balance.

Although my initial instinct was to drop this defence, the more I examined it, the greater became my conviction that the Oireachtas should take its responsibility seriously in this area by stating the circumstances in which the defence could be availed of. The defence has been recognised not only by our own courts but by courts in the United Kingdom and by other common law jurisdictions outside the United States. Moreover, there is a view that elements of it have been recognised in the European Convention on Human Rights. It is better to recognise the reality of this issue and legislate for it.

I am prepared to accept the fundamental point that in a democratic society, in regard to public discussion of matters of great political interest, there can be an honest journalist who makes a mistake. Senator Harris has launched vigorous defences of some of the criticisms of the Taoiseach in recent times. We must be robust in these matters and I agree with him in that regard. It is not an option, as Senator Regan suggested, to send this off to the Supreme Court. We have a duty to legislate and lay down the parameters within which this defence can be availed of. This Bill seeks to do so in a reasonable way.

The Government amendment No. 29 addresses the concerns raised by Senator Alex White. This amendment is along the same lines as that proposed by the Labour Party on Committee Stage. It clarifies the position to strengthen the subsection in terms of imposing an obligation on a journalist. It is a further strengthening of the subsection in that there must be some "reasonable attempt" by the journalist to allow the plaintiff to put forward his or her version of events. This is reasonable. One cannot, as Senator Walsh advocates, include the words "in advance". Whether a reasonable attempt was made is something that will be judged in the circumstances of a particular case.