The Minister for Justice, Mr McDowell, has taken a significant step towards reform of the libel laws by setting up an expert group to report on possible changes by the end of this year, writes Mark Brennock, Political Correspondent.
The group, which will hold its first meeting today, is to consider several proposed changes long sought by the press as well as the possible introduction of a press council to regulate journalistic behaviour and practices.
The group's report is be used in the preparation of a new Defamation Bill which the Government hopes to publish in mid-2003. The establishment of the group follows a commitment in the joint Programme for Government to move to reform the libel laws.
Such reform will face a difficult passage through the Government and the Oireachtas and must overcome governments' traditional distrust of the press.
However, Mr McDowell is seen as committed to reform, which in the Programme for Government was placed firmly in the context of a new statutory press council to regulate press behaviour and stricter privacy laws to prevent unwarranted press intrusion.
The terms of reference given to the group ask it to consider whether a defence of "qualified privilege" should be introduced, giving the media greater freedom to report and comment in good faith on matters of public interest without fear of libel proceedings.
It has also been asked to examine the roles of judge and jury in libel actions, opening the prospect that judges could be given some control over juries' power to choose the level of damages given to a successful libel plaintiff.
It will examine whether the burden of proof should be shifted in libel cases from the current position whereby the defendant must prove that what was published was true. The norm in civil cases apart from libel and defamation actions is that the burden of proof is with the plaintiff.
The group has been asked to make specific proposals as to what legal changes are needed to allow for the establishment of a body to regulate the press. The overall aim of the group is to examine domestic and international law, practice and precedents with a view to suggesting changes that should be made to bring Irish law into line with best practice abroad.
The Legal Advisory Group on Defamation has been asked to report by the end of this year, signalling the Minister's intention to act quickly. The Government agreed the outline of a Defamation Bill in 2001 and it is now with the Attorney General's office for drafting.
The Minister is expected to publish a Bill in mid-2003 after the advisory group has reported.
The group is to be chaired by Mr Hugh Mohan SC, a barrister with considerable libel law experience. The other members will be: Mr Eoin O'Dell of the TCD Faculty of Law; Ms Patricia Mullooly, solicitor, Simon McAleese and Co; Ms Sinead McSweeney, Special Adviser to the Minister for Justice; and Ms Regina Terry and Mr Trevor Noonan of the Civil Law Reform Division of the Department of Justice.