David Norris (Independent)

I move amendmentNo. 49:

In page 24, between lines 3 and 4, to insert the following subsection:

"(7) In a defamation action the Press Council may make a recommendation regarding the reasonable parameters of damages and limitation thereto to be awarded in any case where the newspaper apologises in advance of the hearing. The court must take such a recommendation into consideration in assessing damages.".

This amendment would give one tooth to the Press Council of Ireland, a significantly greater number than it possesses at present because all it is allowed to do is wag its finger at people such as Rupert Murdoch and say, "You are very, very naughty and you must never do it again." I am sure Mr. Murdoch will have to call for the diapers when he is threatened with this sanction. In my amendment, at least, there is a provision that is very consonant with what the Minister is talking about, namely, advising and giving directions as to the scale of damages. The amendment provides that the Press Council of Ireland may make a recommendation regarding the reasonable parameters of damages. This is quite important, especially when the Minister and others, including the editors, feel some libel or defamation awards are excessive. The provision at least gives some guidelines from the statutory body established by the Oireachtas on the advice of the Minister for Justice, Equality and Law Reform to protect and advise in these areas. They body already has a quasi-judicial function in these matters.

I am surprised the Minister has not indicated he will accept my provision because it suggests the court should take into consideration this recommendation in assessing damages. It seems to establish an organic connection between the Press Council of Ireland and the operation of this legislation. I would have believed the Government would have welcomed it.