Rónán Mullen (Independent)

I have no problem with the proposal. The giving of guidance on damages to be awarded is always desirable. The Minister stated he accepted the principle that an honest journalist can make a mistake but he appears to have made his statement in the context of talking about the section 24 defence. However, reasonable and honest mistakes should be taken into account when damages are being awarded.

I also wonder, in the context of the recent Sunday World case which has occasioned considerable comment in this House, although I accept this is not the time for it, whether we need to have a debate on how damages are awarded in defamation cases and whether it should be a matter for juries at all. There is a case to be made — it will not be made today — that we should really think about whether judges are the ones who should make awards in libel cases. While I have spoken with a view to restricting some of the media's privileges in this legislation, there is also an argument that sometimes members of the public act rather arbitrarily in the way they would treat the media which may have defamed. In any event, I support this amendment which, as Senator Norris stated, gives at least one tooth to the Press Council.