Austin Currie
Question:10 Mr. Currie asked the Minister for Equality and Law Reform the groups, if any, he has met in the course of preparation of the equal status legislation; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Equal Status Legislation.
My Department or I have met representatives of the following bodies in connection with the proposed equal status legislation: Irish Congress of Trade Unions, Irish Business and Employers' Confederation, Employment Equality Agency, Irish Insurance Federation, Lesbian Equality Network, Licensed Vintners' Association, Vintners Federation of Ireland and Task Force on the Travelling Community.
My Department is prepared to arrange meetings with any other groups who wish to discuss this matter.
I thank the Minister for his reply. In view of what he said on 6 July 1993 when he repeated the Government commitment — and in view of the number of organisations he met — when will he introduce the legislation considering the commitment to do so before the end of 1993?
I cannot give the Deputy any specific date. All I can say is that the legislation is at an advanced stage of preparation. There has been considerable consultation and a discussion paper was submitted to 80 outside bodies in July 1993. A substantial number of submissions has been received. The work is ongoing in my Department and I expect to advance the legislation through the Houses as quickly as possible.
Did the Minister have discussions with any of the groups he met about equality of young people, particularly in inner city and other areas suffering from multiple deprivation, many of whom cannot get a job because of their address? Will the legislation take into account difficulties of this nature? The Minister had discussions with groups concerned about their position in circumstances where it will be an offence to refuse to serve any person on grounds of class, creed, sexual deviation or any minority grouping. What did he say to groups concerned about this matter?
The groupings who will be dealt with in the legislation are set out for in the Programme for Government. The latter question raised by Deputy Currie was discussed with the Licensed Vintners' Association and the Vintners' Federation of Ireland. I am not in a position to give the House details of proposed legislation. The legislation has to go to Government and its exact format has not been completed.
Austin Currie
Question:11 Mr. Currie asked the Minister for Equality and Law Reform whether the draft defamation Bill, produced by the National Newspapers of Ireland is under consideration in his Department; whether he finds the approach adopted acceptable in principle; and if he will make a statement on the matter.
Pat Rabbitte
Question:38 Mr. Rabbitte asked the Minister for Equality and Law Reform his response to the submission made by representatives of the National Newspapers of Ireland on 3 May 1994, regarding reform of the laws on defamation; and if he will make a statement on the matter.
I propose to take Questions Nos. 11 and 38 together. A copy of the draft defamation Bill produced by the National Newspapers of Ireland which was very recently received in my Department has been given some preliminary consideration. At this stage of examination of the Bill it is far too early to offer a view as to whether I am in a position to recommend to the Government that the Bill be accepted in principle.
I should like to point out that, at present, in line with other commitments in the Programme for Government, my Department is giving attention, as matters of priority, to a multiplicity of legislative proposals — 12 Bills in all — which are at various stages. The Family Law Bill, 1994, which provides comprehensive measures to deal with the financial consequences of all marital breakdown, short of domestic divorce is at Report Stage in the House; an Adoptive Leave Bill is before the Seanad; a Maintenance Bill, which will facilitate the recovery of maintenance payments on a world-wide basis will be published within the next few weeks; a Civil Legal Aid Bill to put the legal aid scheme on a statutory footing is at an advanced stage of drafting; an Amendment of the Constitution (Divorce) Bill and draft heads of divorce legislation which has been promised for the information of the public in advance of the referendum are in the course of being considered on the basis of widespread consultations with various groups; following the Government's recent approval of my proposals to strengthen and extend the courts' powers to deal with cases of domestic violence, a Bill is now being drafted; a Bill to give effect to an EC Directive on Pregnant Workers is also being drafted; proposals to amend the law on occupiers' liability, taking into account the Law Reform Commission's recent report, are being finalised for submission to Government with a view to a Bill being published this year as promised in the Programme for Competitiveness and Work; proposals for a Bill on enduring powers of attorney, an Equal Status Bill and an Employment Equality Bill are at advanced stages of preparation. It is my intention to proceed with this legislative programme as quickly as possible. When the other measures have been disposed of it will be possible to deal with other important matters including reform of the law on defamation.
In view of the short time available to us and of which you rightly reminded us at the beginning of Priority Questions, I protest strongly against the Minister reading out a long list of things about which he was not asked. It appears he is trying to take up the time available to us.
I would prefer the Deputy proceeded by way of questions. I have no control over Ministers' replies but I do have control over Deputies' supplementaries.
I am glad for your sake that you do not have control over Ministers' replies. Will the Minister join me in congratulating National Newspapers of Ireland on the initiative they have taken on the laws of defamation which have not been changed in 33 years? When considering the matter will the Minister bear in mind the following questions; is he in favour of the abolition of juries in defamation cases? Is he in favour of shifting the onus of proof from the defendant to the plaintiff? Is he in favour of a change in the law in relation to the defamation of the dead? The latter issue is a matter of grave concern to many people in the community. There is too much intrusion into private lives and into the private lives of people after death, of which we have had two recent examples? Will the Minister give consideration to this matter when considering the proposed legislation?
I am concerned that Deputy Currie was disappointed with my reply. I was trying to explain to him the volume of work in my Department and to put in context the priority of a law reform measure submitted by the National Newspapers of Ireland. I agree that the law on defamation has not been dealt with statutorily for a long time. The areas of defamation are extremely varied and complex. The Law Reform Commission's recommendations consisted of approximately 15 or 17 different aspects of the law. I cannot say at this stage what my reply is likely to be on any particular aspect of either the proposals of the National Newspapers of Ireland, who represent one side of the equation, or the various recommendations made by the Law Reform Commission. I have to take all aspects of the matter into account.
The interests of the public have to be considered, as well as those of the media, and a fair and reasonable balance will have to be struck when the time comes for a detailed consideration of law reform in this area. I am broadly sympathetic to Deputy Currie's comment on the issue of slander and libel of the dead and I will examine the matter sympathetically.
It was worth putting down the question if only for that assurance.