The Minister for Justice, Equality and Law Reform, Michael McDowell, is to draft the core elements of a new Privacy Bill over the next three weeks, following a Cabinet meeting yesterday. Mark Hennessey reports.
The new legislation will not grant citizens extra privacy rights, however, butwill more clearly illustrate rights currently available under the Constitution and the European Convention on Human Rights.
During a three-hour meeting, Ministers spent "a significant amount of time" examining Mr McDowell's proposed Defamation Bill and a report on privacy drafted by senior counsel Brian Murray. "There was general agreement to proceed with the Defamation Bill and the privacy report, and to discuss both matters again.
They have agreed to finalise matters in two to three weeks," said a Government spokesman. Under the Defamation Bill, a press council set up under law but independently appointed would come into being to monitor the conduct of media organisations, and impose some penalties for wrongful behaviour.
In return for some oversight, the press would be granted a defence from libel actions where they can prove they published information in the public interest. Fianna Fáil Ministers made it clear to Mr McDowell last year that they would not accept an easing of the defamation laws without some corresponding action to improve privacy rights.
The Department of Justice said last night that the core points of a Privacy Bill could be published within three weeks, particularly because the Murray report contained very detailed proposals.
The Minister for Justice previously opposed the idea of privacy legislation on the grounds of legal impracticality but he has been convinced that a privacy law can be constructed following a number of common law decisions - including one in favour of model Naomi Campbell against Mirror newspapers.
The 2004 European Court of Human Rights judgment in favour of Princess Caroline of Monaco, who won a challenge against three German publications, has also influenced the Minister. The new legislation should make it easier for members of the public to take the press to court if they feel their privacy has been invaded.
Though the issue has not generated any recent tension between Mr McDowell and Fianna Fáil colleagues, he has been aware of the attitude of Brian Cowen, Dermot Ahern and Martin Cullen. Mr Cullen, in particular, was furious at what he considered to be breaches of his family's privacy during Ireland on Sunday's reportage of the so-called "Monicagate" controversy last year