Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank and commend Senators on their contributions today and on the previous occasion. I said previously that one of the functions of the Oireachtas when it comes to any defamation Bill is to balance the constitutional right to one's good name with the constitutional right to freedom of expression. I said previously as well that sometimes the general emphasis is on protecting freedom of expression. I commend Senators on emphasising in this particular section and amendment the constitutional right to one's good name. It is important, from the perspective of the Oireachtas, that this is identified, referenced and debated. The other factor that has to be taken into account in terms of what we are proposing here is that ultimately the proposal is to amend section 26. That is what section 11 of the Bill before the House is seeking to do. I note that there are not any amendments in respect of section 11 and the amendment of section 26, but I hear from what Senators have said, certainly those who have contributed, that there is an intention to oppose section 11.

There is a request to give consideration to my proposed amendment to section 26. I will certainly do that. I will give consideration to what I have heard here today. However, it is also important that I set out the reason this proposal is being made, the reason section 11 is included in the Bill and the intention behind the proposed new wording for section 26 of the Defamation Act. It did not come out of thin air. I did not invent it in the office since I have come in there. When I go into it in a bit more detail, Senators will see that this was one of the factors that was considered by the Oireachtas committee when it was considering reform of the defamation Bill. It was an issue that was considered in terms of the report and the review within my Department of it.

Senator McDowell started by talking about how he introduced the original section 26. He did do so. Very many of the reasons he did so are relevant to this debate. Senator McDowell also mentioned that when he was introducing section 26 as Minister in 2006, he came in here and was traduced by the then Senator Norris. In fact, in order to inform myself, I went back and read the debate from that time. Senator McDowell did get a hard time from Senator Norris.