Vol. 439 No. 2
13 Mr. Gilmore asked the Minister for Equality and Law Reform if he has considered the recommendations of the Law Reform Commission in regard to defamation of the dead; if he will introduce legislation to give effect to this recommendation; and if he will make a statement on the matter.
The legislative programme for which I have responsibility is very wide-ranging, covering civil law generally and equality matters. As the Deputy will appreciate, decisions have to be made about the priority to be given to various proposals. In reply to a question on 3 November 1993 at columns 872-874 of the Official Report concerning my legislative proposals for the next 12 months, I set out a list of 13 Bills — five of those measures have been published and the remaining eight are at various stages of preparation. The list did not include the matter to which the Deputy refers. However, the Programme for a Partnership Government contains a commitment to update the civil law of defamation and that commitment, taking account of the comprehensive work of the Law Reform Commission on the subject of defamation, will be honoured when the other important legislative matters on which I am currently engaged can be disposed of.
Any proposals I may have on the subject matter of the question will be announced in the normal way in due course.
Does the Minister share my concern about the increasing disturbing tendency recently in some sections of the media to say things about dead persons which they would not say when they were alive? Is it his intention when updating the law on defamation to include the recommendation of the Law Reform Commission that the personal representatives of dead persons would be entitled to pursue actions in cases where the dead were defamed?
I share the Deputy's concern about a number of recent instances regarding defamation of dead persons. The Law Reform Commission recommended a new course of action in relation to defamatory statements about a dead person. It suggested the right to take such proceedings should be vested in the personal representative. It also recommended that there would be an obligation in the first instance to consult the immediate family of the deceased — spouse, children, parents, brothers and sisters — before any such proceedings would be instituted. I suggested a limitation period of three years from the date of death of the allegedly defamed person. It also suggested that the remedy available should be a declaratory order and, where appropriate, an injunction to restrain further dissemination of the defamation. Those recommendations will have my favourble support when the law on defamation is being examined generally.
I am glad that the Minister accepts in principle the recommendation of the Law Reform Commission in this matter. Is it intended to introduce legislation updating the civil law on defamation in the lifetime of this Government albeit after the Minister's immediate priorities?
As I indicated, the Programme for a Partnership Government contains a commitment to update the civil law of defamation. I cannot say when that will be. There is a heavy programme of important and extensive legislation which I consider has priority over this area. That is not to decry the need to amend the law on defamation and libel generally. However, I am hopeful that during the lifetime of the Government it will prove possible to bring in legislation on this subject.
