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Dáil Éireann díospóireacht -
Wednesday, 13 Dec 1989

Vol. 394 No. 5

Ceisteanna—Questions Oral Answers. - Defamation Law.

8.

asked the Minister for Justice whether the law of defamation and the legal practice and procedure in defamation cases require reform; and if he will outline his proposals in this regard.

The Attorney General, under section 4 (2) (c) of the Law Reform Commission Act, 1975, referred the question of reform of the law of defamation to the Law Reform Commission for examination earlier this year. The commission invited submissions from the public on the subject. I understand that the commission subsequently met with a number of bodies involved in the publishing industry, and that a discussion paper on the subject is likely to be published by the commission early next year. The Department of Justice will consider the matter in detail when the commission's final recommendations have been received.

I have two questions. First, have the Government given any consideration to the conclusions and recommendations of the press freedom and libel report produced by the national newspapers of Ireland and, secondly, have the Government considered the recommendations to abolish criminal libel to provide a statutory definition of defamation, to overhaul existing defences or to examine the practices and procedures from the point of view of giving practical criteria on which to assess damages? Are the Government sitting on their hands while awaiting the Law Reform Commission report?

As I have said in the reply, the Attorney General has referred the question to the Law Reform Commission. Apart from inviting submissions they will be taking into consideration the various documents to which the Deputy has referred.

The same report suggested the establishment of a press council which could be either on a voluntary or a statutory basis. Have the Government considered the establishment of a press council?

That is a separate question, but no doubt the findings of the commission will provide an opportunity for further discussion on the matter. However, it is likely that the commission will publish a discussion paper early in the new year which will give an opportunity to everybody, including the Deputies, to make known the points which are relevant at the time.

The time available for dealing with priority questions is now exhausted and we will proceed to deal with other questions. I now call the Minister for Communications to answer Question No. 9.

On a point of order, I wish to raise the order in which questions are taken. May I ask the Ceann Comhairle to have his office examine the matter of alternating questions to the Minister for Justice and the Minister for Communications so that questions could be alternated? Questions to the Department of Communications are taken ahead of questions to the Department of Justice.

That is a matter, Deputy, for the Committee on Procedures and Privileges. You might raise it with them.

We understand that questions to the Department of Justice would be taken first today.

I am calling Question No. 9, Deputy Quinn's question.

I wish to know when the questions to the Department of Justice will be taken.

I ask Deputy McCartan not to interpose any longer. The Deputy knows how he should deal with the matter.

Will the questions to the Department of Justice be taken later?

The time available is halved.

The time is half and half.

Only six of the questions tabled to the Department of Justice have been taken this session.

We might be able to take a few more today.

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