Ivana Bacik (Independent)

I welcome the Minister and the opportunity to debate the Bill. I commend Senator David Norris for taking the initiative and reintroducing a privacy Bill to the House. The 2006 Bill is on the Order Paper having been reintroduced by the Minister in June 2011. I pay particular tribute to the Senator who in litigation has done a good deal to give force and meaning to the privacy provisions in Article 8 of the European Convention on Human Rights. It is important to note this point.

There is a good deal of consensus on the Bill. It appears there is agreement on the need for a statutory framework to balance the competing interests of the public's right to know and an individual's right to privacy. Whether the Bill, in its current format, is appropriate is an open question, as the Senator would probably acknowledge. His Bill has been closely modelled on the 2006 Bill, but he has introduced a number of changes, including one which is appropriate, namely, that a defendant be ordered to publish an apology. A good deal more could be done to improve the 2006 Bill, as there have been a lot of changes since it was published which, as the Minister said, will have to be incorporated in any new legislation introduced.

We have gained a more nuanced understanding of how conflicting rights can be balanced. Through the Defamation Act 2010 and the establishment of the Press Ombudsman and the Press Council of Ireland we have a panoply of new protections for the privacy of individuals, the public's right to know and the right of freedom of expression. I acknowledge the presence of Professor John Horgan, the distinguished Press Ombudsman. The changes made to the balance of interests as a result of the introduction of the new framework need to be considered and reviewed in the course of redrafting the privacy Bill.

The position on a good number of political issues has changed. The Minister has referred to the emergence of new technologies which will have to be taken into account in any redrafting. As Senator David Norris said so eloquently, we have seen appalling revelations about tabloid newspapers and the invasion of the privacy of individuals in Britain, a matter which is under investigation in the Leveson inquiry. We have not only had an investigation in the case of Fr. Kevin Reynolds which has been mentioned but also the recent revelations in the Mahon tribunal report. There was concern that there was an excessive fear among journalists about the law at the time in curbing the freedom to investigate.