Jim O'Keeffe (Cork South West, Fine Gael)
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Question 56: To ask the Minister for Justice, Equality and Law Reform his plans to reform the contempt of court laws, particularly in view of the DPP's expression of concern about the weaknesses in this area of law and its exploitation by certain sectors of the media here. [16302/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The present law on contempt of court is largely judge made. It consists of decisions that give effect to a general principle that the courts have an inherent jurisdiction not dependent on any statute to ensure that the administration of justice is not obstructed and that court orders are obeyed. It draws a distinction between criminal contempt and civil contempt. The former comprises contempt in the face of the court, in facie curiae, scandalising the court, breaches of the sub judice rule and other interferences with the administration of justice, such as threatening a witness. Civil contempt consists of defiance of a court order whether by positive conduct or by the neglect or refusal to obey an injunction or other order.

The main attention, and this has been reflected in the comments of the Director of Public Prosecutions, has naturally concentrated on aspects of the subject where the law is seen as being in potential conflict with freedom of expression, particularly the law on the sub judice rule.

The Law Reform Commission published a comprehensive consultation paper and report on this general area of the law and my Department is examining it. Other legislative priorities must be dealt with first and no legislative proposals have emerged. Any proposals I have will be brought forward in the usual way.

The matter of a Press Council is of particular relevance and I have already expressed my views in the House by way of my reply to Questions Nos. 31 and 145 of 5 May. I am addressing that issue in the scheme of a defamation Bill I shall bring to Government later this year.