Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire Stáit. Cé go bhfuilimid beagáinín amhrasach faoi chuid de na forálacha a bhaineann leis an mBille seo, táimid ag tacú leis le dul ar aghaidh go dtí an chéad chéim eile den reachtaíocht. Measaim go bhfuil cuid de na himní a bhí againn léirithe chomh maith ag an Aire Stáit, agus go mb'fhéidir go mbeimid in ann leasuithe a chur chun cinn a thiocfadh chun tairbhe na reachtaíochta. Despite having reservations about the Bill, we in Sinn Féin believe it to be well-intentioned and we will support its passage to Committee Stage. I welcome the fact that the Government has seen fit and the Minister of State has indicated that he will allow that to happen. An rud is annamh is iontaigh, mar a deirimid i nGaeilge, ach is maith ann é agus is maith é an Aire Stáit as ucht a bheith sásta an chrógacht sin a thaispeáint agus a a rud féin a dhéanamh, mar ní dhéanann gach Aire é sin.

Having spoken to Senator Crown, we understand the background to the Bill and we support the spirit out of which it was born. Senator Crown spoke about a situation where the HSE issued a statement concerning medical cards, alleging that public figures were making defamatory statements about its handling of the affair. We feel this is ridiculous given the HSE's handling of the particular issues, which was nothing short of shambolic in its own right. However, we have certain reservations regarding the Bill.

When defining a public body, the Bill goes so far as to include "any voluntary or joint board hospitals and other body which receives grants from the Department of Health". We are concerned that this could affect community organisations in receipt of funding from the Department of Health and it may be unnecessary and ill-placed.

The Bill also refers to both the High Court and Supreme Court when taking defamation proceedings. I understood that defamation cases could also be taken in the Circuit Court to the tune of €50,000. This seems to be a flaw in the Bill in that it would create a loophole, although perhaps I could be corrected on that issue. We do not want to create legal loopholes in our legislation and this is something we should seek to clarify and possibly amend on Committee Stage, if necessary. The Bill may also have a number of unintended consequences which have been overlooked by the drafters, such as the one I have outlined regarding the other bodies that receive grants from the Department of Health. However, this is something that can be amended and we feel that should happen.

Sinn Féin also believes that people should be able to criticise public bodies without fear of being hauled through the courts and punished financially. However, we do not believe this is necessarily the right way to go about this. We must ensure that we are striking the right balance between not inhibiting our citizens from expressing concern with certain public bodies while also ensuring that public bodies have a right to their good name, in the same way as any individual. It is unfair to have a situation where an individual can make all sorts of wild allegations against a public body with the result that it is left in a situation where it has no way of defending itself. This would be irresponsible. In closing, I reiterate that we support the spirit of the Bill from Senator Crown and other Senators. We do not think the Bill, as it is currently drafted, is correct, but we support its passage to Committee Stage and we will seek to amend it should it get there. Ba mhaith liom tréaslú leis na Seanadóirí faoin mBille a thabhairt chun cinn agus tá áthas orm bheith in ann tacú leis go dtí an chéad chéim eile.