Seanad debates

Tuesday, 11 March 2008

Defamation Bill 2006: Report and Final Stages

 

6:00 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

I second the amendment. Senator Norris and I have not agreed completely on this Bill but there are a number of issues in respect of which we have managed to agree, including this amendment. It is very helpful and certainly does not interfere with the spirit of the Bill. It lends a raison d'ĂȘtre and gravitas to the findings of the Press Council of Ireland.

I am very supportive of the operations of the Press Council of Ireland, as I stated on other Stages of the Bill, and I do not have a difficulty with it. What attracted me to the proposed approach is that it has a certain precedent. The legal profession is not a major fan of the Personal Injuries Assessment Board, of which I am vice chairman, but in this regard the Minister will be aware that the legislation passed to establish the board included a requirement that the courts would consult the book of quantum which establishes limits to the damages or compensation awarded to those suffering from injuries. This amendment is similar to that requirement. It does not break any significant new ground and it would be helpful in creating a certain sense of connection between both bodies in a way that does not interfere with the power or authority of each.

I examined the proposal long and hard to determine whether it interfered with the courts system, bearing in mind that it would not cause interference in respect of the Oireachtas or any body that would give guidance to the courts. The amendment comprises an appropriate way to proceed and maintains a clear distinction between the operation of both bodies.

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