I move:
That Seanad Éireann calls on the Government to indicate the progress, if any, that has been made towards implementing the recommendations of the Commission on the Newspaper Industry and, in particular, the recommendation in Chapter 7 that extensive changes in the law of libel be introduced as a matter of urgency.
I welcome the Minister. This is his first time in the House since his appointment as Minister of State at the Department of Enterprise, Trade and Employment. I assure him his visit will not involve him in any controversy. In what is a quiet week in politics I decided to table a prosaic and downbeat motion, largely with the intention of getting information. The purpose of the debate is to get an update on the Government's intentions vis-á-vis the Finlay report into the newspaper industry. This is a matter of public interest and concern. It is a subject on which the Government had a small number of things to say in its election manifesto.
To a certain extent the climate has changed since that commission was established. In the past few years there has been an air of crisis and impending gloom over the newspaper industry. We should remember that the setting for this report was the closure of the Irish Press which brought the crisis to a head. The reasons the Irish Press failed are not our direct concern, though most people have very strong views on why it failed and focus on the manner in which the newspaper was managed. We regret the passing of the Irish Press and we spoke about it at the time in this House. In an earlier time some of us earned an odd shilling writing for that newspaper.
The failure of the Irish Press was not the only focus of concern when this commission was established. Other newspapers seemed at that time to be wobbly. There was a serious question mark over the future of the Sunday Tribune and we were being warned about the danger of being swamped by English newspapers being dumped on the Irish market at below cost prices. We were told our libel laws and tax regime were strangling our newspapers and we were being warned about the dominance of one newspaper group. The picture is dramatically different today. Virtually all newspapers are now making substantial profits. The Independent Group is set to make record profits this year while The Irish Times is also making substantial profits. The success of The Sunday Business Post, which was on a wobbly foundation at the time the commission was established, has resulted in Ireland's first newspaper millionaires since Dr. O'Reilly. The paper is now well established. A new arrival to the Sunday market is Ireland on Sunday and we all wish it well, especially as it appears to have absorbed so much of the ethos and staff of The Sunday Press. The Irish edition of The Sunday Times continues to make substantial inroads on the market since its printing moved to Cork and The Examiner has become a genuinely national newspaper though it keeps its distinctive southern identity. I could go on but the basic point is that the situation in which we are examining these questions today is very different from the atmosphere that prevailed when this commission was established by the former Minister, Deputy Richard Bruton.
The report indicated some structural weaknesses in the newspaper industry and made specific recommendations some of which make sense and seem to be worthy of implementation. I would like the Minister to convey the up to date thinking of the Government on these issues. My first reference is to recommendation No. 4 in the report, a very practical recommendation which calls for the establishment by the Government of a special unit within the advisory service of the Labour Relations Commission to deal with the newspaper industry and in particular to assist and work with unions and management in those companies in which its assistance is required jointly to identify changes necessary to achieve competitive efficiency in the industry. This unit should be available exclusively for a fixed period to the industry. The thinking behind this recommendation is worthwhile. The industry, probably more than most because of the revolution in information technology, is going through huge changes in work practices and these changes will continue at a very rapid pace. The increasing overseas competition is also putting huge strains on newspapers to be more competitive. The result is that few industries have had the shake-up in industrial relations and work practices that has happened, and continues to happen, in the newspaper and other media. The clear intention of the report was that we are faced with neither brutal tactics nor industrial relations which would not happen anyway that would compel solutions on the industry.
There is a further complication in that not all the Irish newspapers have reacted to change with the same level of preparedness or, indeed, have been prepared to invest in change and retraining on an equal basis. The report comes down very strongly against a central printing unit somewhere close to the main centre of population, open to all papers and financed by the State. It states there is not an industry wide solution to these massive problems of retraining and that is why the report recommended a special unit be established within the advisory service of the Labour Relations Commission to deal with the newspaper industry. The purpose of the advisory service would be "to assist and work with the unions and management to find solutions regarding technology, staffing levels, demarcation and labour costs on an industry by industry basis". Has this proposal been supported by the newspaper industry and what is the Government's thinking on this issue? Some newspapers do not have a history of good management and there have been intractable union problems within the industry.
The second area concerns changes in the libel laws. The newspapers and politicians or people in public life feel hard done by. As politicians we are congenitally suspicious of journalists. We frequently see conspiracies and partisanship where there is none and question the motives of journalists with whom we disagree. It is a fact of life that all politicians have tried to use journalists to get across a particular message. In turn, I do not think journalists see us as we see ourselves. Journalists frequently see conspiracies where there are none. Two politicians talking in the corridor can be interpreted by a suspicious journalist as a heave against the party leader, a move in a particular direction or a cabal forming whereas all they may be talking about is a forthcoming hurling match. There is a conspiracy among many journalists to see us all as involved in a conspiracy to keep them in the dark despite the fact that the last Government passed the most wide ranging Freedom of Information Bill in our history. Nonetheless there is a sense that politicians collectively conspire to keep journalists in the dark. They tend to lump us all into one amorphous mass seeing us all as politicians. But it is right to see this tension between journalists and politicians. The only basis upon which a friendship can flourish between a journalist and a politician is on a clear acceptance that each party has a very different job to do. While each party can see the view of the other, each person inevitably comes to the same problem from a different perspective and will frequently reach very different conclusions from the same set of facts. That is the way the political and journalist systems work.
Politicians make many complaints about journalists. The biggest complaint is the breathless tendency for the media to hunt in packs and hype up issues which on closer examination have little real substance. After the media pack moves on real damage may have been done to people or causes.
The media, no more than politicians, are not homogenous. Many of our journalists are among the best in the world and the standard of journalism is constantly rising. Our newspapers have points of view but are fair and open. Some journalists or newspapers may have elements of a hidden agenda but they are in the minority.
We are not here this evening to debate the merits of the media. I wish to acknowledge the central point made in the Finlay report which is that the media play a fundamental role in the democratic process through informing, analysing, examining, probing and at times even by being downright abusive to politicians. This is a central element in sustaining a healthy democratic process. The Finlay report makes that clear and we all know it. Our purpose is to see if there is anything in this report which can help the media to do their job even more effectively. Will the Minister report to us the views of the Government on the suggestions in the Finlay report or any of its own ideas on changing the libel laws to help the media do their job more effectively?
I note that the report is strongly in favour of a system of self-regulation through an ombudsman appointed on the initiative of the newspapers themselves and financed by them. I ask the newspaper industry how much progress, if any, has been made towards such a body. I suspect that very little has been done. This is not the responsibility of the Minister. Does the newspaper industry believe in the concept? Would an ombudsman be capable of policing some of the cowboy operators, especially the English based newspapers? Is the highly competitive newspaper industry capable of working in a uniform way on an issue like this? Is there any substance in believing that an ombudsman type concept or a press council could work with the support of the newspaper industry in bringing about the reforms mentioned in the Finlay report?
It is a fact that fierce competition does not make for co-operation. It cannot. Newspapers are in desperate competition with each other. Is self-regulation viable as far as the newspaper industry is concerned? It is fair to ask the industry this question before asking the Minister his intentions because I have a feeling that the hugely increased profits of recent years have dulled the desire for libel reform in sections of the media. In some cases newspapers are prepared to live within a tolerable level of libel costs if circulation figures are boosted. If the media and the newspaper industry are constantly calling on politicians to provide reforms there is an equal right to question their honesty. By their honesty I mean the clarity of their intentions and their capacity to deliver on the question of self-regulation. It is doubtful the industry as it is structured at present — and perhaps under any type of structure — is capable of delivering upon the concept of self-regulation. In this respect, the industry's failure greatly weakens the attempt to place the onus back on politicians and Governments.
I would like to put two practical considerations to the Minister. The first is the assessment of damages, a very topical issue of late. As I understand it, the report does not come down in favour of removing juries from this equation but leaves the matter to the judges. The experience in the insurance industry is that damages cost little even if they are jury assessed.
Inadvertent libel is a major genuine headache for newspapers. Where a mistake is made — an incorrect name, report, address, a juxtaposition — in innocence, it is not possible for newspapers in most cases to print an honest and open apology the next day because that apology will be used in evidence against them. This is a source of poison within the system because it encourages people who feel they have a chance to hit the jackpot by going after the newspapers on the basis of what may have been an honest mistake, often by an inexperienced journalist, where the newspapers are willing to apologise up front. If that aspect of the libel laws could be changed it would be an earnest of the good intentions of politicians to the newspaper industry, it would remove a major headache from people working under pressure on a day-to-day basis and would also sharpen the genuine questions we have to ask.