Seanad debates

Tuesday, 11 March 2008

Defamation Bill 2006: Report and Final Stages

 

7:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

This matter was discussed on Committee Stage. Section 43 provides for the making of an order of recognition conferred on the independent Press Council provided it meets the standards set down in Schedule 2 to the Bill. The section requires both Houses of the Oireachtas to consider the matter. The order of recognition cannot be made without the approval of both Houses.

The Senator proposes that an order shall be for a period not to exceed five years and that the Minister shall conduct a review of the order. I believe the conditions attaching to the grant of an order of recognition as provided for in the Bill are adequate. The current construction of section 43 allows the Minister to review the activities of the Press Council at any stage after the recognition order is made and to take appropriate steps to amend or revoke the order if the Minister is of the opinion that the Press Council is not complying with the conditions attached to the order.

I do not think it is desirable to write in a fixed, prescribed period of five years or to require the Minister to conduct a review. The Press Council is independent but if there is a manifest breach of its obligations, it will come to the attention of the Minister and there is ample power to deal with it under the legislation as it stands.

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