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

Yes. I will go back and reflect on it. I like the idea of having a provision that is just reflective of section 26(1). Section 26(2) makes it a complicated and difficult statutory defence to operate.

I hear what the Senator said in respect of section 26(3). My assessment in that regard is that it will not mean that if someone does not reply, it is an inference that they are happy with it. That is not the case. If the Senator looks at the provision that will be inserted in section 26, it states that where “such enquiries and checks as it was reasonable to expect of the defendant.” That means something. Reasonable inquiries and checks must be made by the defendant seeking to verify the truth of the story.

I agree with the Senator in respect of his comments about Mr. Robert Dore. He is one of the finest defamation solicitors we have in the country. I also recognise what he said in respect of stakeholders. It is a term I use and it is probably one of these words you find yourself having to use when you become Minister. When it comes to any legislation, however, the real stakeholders are the citizens of Ireland, whose representatives are in this House and the Lower House. The primary stakeholders and the people who determine law are the elected representatives. It is nonetheless the case, however, that many individuals will have an involvement in particular aspects of legislation. It is unquestionably the case that newspapers, the NUJ and lawyers, in their capacity as representatives of litigants, will have an ongoing interest and involvement in this matter.I do not think there is any downside to hearing feedback from practitioners. I am well aware, as is everyone else in this House, that when you get a communication or representation from an entity - as Members of the Oireachtas, we all get a lot of them - they all come with their own agenda. I am fully aware that newspapers have an agenda and it is to ensure they can have greater flexibility to publish and they want greater defences when it comes to defamation claims. Just because they have an agenda does not mean I cannot agree with part of it. I have to try to balance the right to protect one's good name and the right to freedom of expression. I will not allow myself to be planted into one group exclusively or the other. Newspapers should also recognise that there is an obligation on this House to respect and vindicate the good names of individuals. In general, we have a responsible media. I am not including social media. We do not see the type of wild stories sometimes referred to in the debate here or elsewhere such as X is a child abuser. That does not happen in media in Ireland.