Vol. 511 No. 6
47 Mr. J. O'Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether there is a need to establish an independent ombudsman to investigate complaints of breaches of press standards and, in the absence of effective non-statutory self regulation, to introduce a statutory system for handling complaints; and if she will make a statement on the matter. [25135/99]
One of the recommendations of the Commission on the Newspaper Industry which reported in June 1996, was that an independent ombudsman to investigate complaints of breaches of press standards be established. The commission was clear that this ombudsman should be appointed and funded by the newspaper industry, both indigenous and imported. The commission made the point that if the newspaper industry accepted this recommendation there should be a change in the law of libel to provide immunity from claims of defamation to the ombudsman.
In November 1996 the then Minister presented an aide memoire to Government on the recommendations of the Commission on the Newspaper Industry. Government decided that each Minister upon whose area of responsibility the recommendations impact should revert to Government in relation to any necessary legislation. Any change in the laws on defamation as recommended by the Commission on the Newspaper Industry is a matter for the Minister for Justice, Equality and Law Reform.
I support the recommendation of the Commission on the Newspaper Industry regarding the establishment of an ombudsman and that it is for the newspaper industry to regulate itself in this regard. However, I have no departmental functions or responsibilities in relation to the law on defamation.
I have no plans nor do I have any functions or responsibility to introduce a statutory system for dealing with complaints against newspapers.
Does the Minister accept that the virus of the English tabloids has to some extent infected the situation in Ireland? Given this, does she accept the need for progress on this issue? In view of her reply, is it the case that she does not see any basis for progress except on a voluntary basis by the press? Does she regard the issue as being bogged down in the morass of libel law reform?
There have been some examples of matters appearing in publications which I would prefer not to see. People's private lives are their own affair, notwithstanding that they may be public persons. I hope everybody recognises that we must all carry out our job in a fair and responsible way and not interfere with people's privacy and that of their families.
The establishment of an ombudsman, a press council or whatever should be on a voluntary basis. I strongly believe in self regulation. The commission on newspapers report suggested it be done on the basis of changes to the defamation laws. The Bill to reform these laws is at a very advanced stage and will be brought before the Government next year.
However, I hope the newspaper industry will not wait for the legislation and that it might follow the example of other sectors, such as the insurance sector, and establish an ombudsperson, press council or whatever. That would have an important and useful role to play in resolving the complaints that are not satisfactorily dealt with otherwise. It would also perhaps avoid much unnecessary litigation.
I take it the Minister agrees with me on the need for an ombudsman. If the ombudsman was established on a non-statutory basis and seen to be operating properly would she agree that there would be a much greater atmosphere in which progress could be made on reform of the libel laws? Could both sides of the House suggest to the media that now is the time to proceed with the establishment of a press ombudsman on a non-statutory basis and, perhaps, go as far as the UK, where the press was given a certain amount of time to establish a press complaints commission? It was suggested there that if such a move was not made statutory action would need to be taken.
I would welcome the establishment of an ombudsman or press council. Many matters which end up in litigation could be avoided if people felt they had a fair way of making a complaint and having it resolved in such a way where, for example, the resolution gets the same kind of headlines as the original story. That is always a bone of contention. Everybody involved in public life will have reason to have grievances with the media from time to time. At times we are super sensitive, but sometimes there may be a justifiable reason for our concern. An ombudsman or press council would go a long way to resolve some of the difficulties that arise for citizens generally. That would be a very good development and I urge the industry to seriously consider it.
We will return to this issue in three months and see what progress has been made in the meantime.
Will the Minister indicate how press standards are monitored at present and is she aware of any mechanism where they can be monitored? Is there any way a citizen can make a complaint?
Many newspapers have a provision for letters to the editor and some have correction columns and so on. Ultimately if that does not work the fall-back is litigation. A press council or ombudsman would have a useful role to play in satisfying the needs of the consumers of the media. When Deputy Rabbitte writes political articles I would like to have the opportunity to appeal to an ombudsman.
Or the Minster of State at the Department of Education and Science, Deputy O'Dea.
Or whoever – people from all sides of the House, including Drapier, whoever that may be.
I do not know what Deputy O'Dea, as a Minister of State, is doing writing articles for newspapers.
