Tom Moffatt
Ceist:16 Dr. Moffatt asked the Minister for Equality and Law Reform the plans, if any, he has to introduce legislation in view of the recommendations of the Law Reform Commission concerning defamation of the dead. [4546/97]
Written Answers. - Defamatory Statements.
John Ellis
Ceist:29 Mr. Ellis asked the Minister for Equality and Law Reform the plans, if any, he has to introduce legislation in view of the recommendations of the Law Reform Commission concerning defamation of the dead. [4545/97]
Seán Doherty
Ceist:30 Mr. Doherty asked the Minister for Equality and Law Reform the plans, if any, he has to introduce legislation in view of the recommendations of the Law Reform Commission concerning defamation of the dead. [4544/97]
Patrick J. Morley
Ceist:37 Mr. Morley asked the Minister for Equality and Law Reform the plans, if any, he has to introduce legislation in view of the recommendations of the Law Reform Commission concerning defamation of the dead. [4547/97]
Donal Moynihan
Ceist:43 Mr. Moynihan asked the Minister for Equality and Law Reform the plans, if any, he has to introduce legislation in view of the recommendations of the Law Reform Commission concerning defamation of the dead. [4548/97]
I propose to take Questions Nos. 16, 29, 30, 37 and 43 together.
The Law Reform Commission recommendation concerning the need for a new cause of action in respect of defamatory statements made about a person who is dead at the time of publication of those statements consisted of three main elements: the right to institute defamation proceedings in such a case should be vested solely in the personal representative of the deceased who would be under a statutory obligation to consult the immediate family of the deceased before instituting proceedings; the period of limitation within which proceedings must be instituted should be three years from the death of the allegedly defamed person, and the only remedy available should be a declaratory order and, where appropriate, an injunction.
This is one among many proposals for change which were made by the Law Reform Commission. There are divided views on the wisdom of having such a cause of action and I have an open mind on the matter. It is one of many matters I will consider in the context of my overall review of this area. However, I have other legislative priorities and work on defamation has to be accommodated within those priorities.