3 October 2006

Justice

Concerns regarding Privacy Bill 2006

Ciarán Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether his proposed Privacy Bill 2006 poses a threat to the ability of investigative journalists to uncover matters of public importance; and if he will make a statement on the matter. 

Tánaiste and Minister for Justice, Equality and Law Reform (Mr. McDowell):

As indicated in the Government Legislative Programme, announced by the Chief Whip on 26 September 2006, the Privacy Bill is included amongst those Bills whose Second Stage debate is awaited.

The Privacy Bill was published on 4 July 2006. The main purpose of the Bill is to introduce a modern statutory framework to protect all citizens from the invasion of their privacy. The Bill does not introduce a new cause of action, but rather recognises the probability that there is a pre-existing cause of action in respect of privacy interests afforded by the Constitution and makes clear the scope of that cause of action. In addition, the Bill takes into account the privacy guarantees stipulated in the European Convention on Human Rights, and the extensive development of those guarantees effected by decisions of the European Court of Human Rights.

The Privacy Bill does not pose a threat to newsgathering activities. The Bill, in section 5, provides for the defence in a privacy action of fair and reasonable publication on a matter of public importance. This is a significant safeguard to the continued operation of bona fide newsgathering operations. The Bill will support the publication of material that is in the public interest. It will clarify the law for publishers and remove the grey areas that exist for them at present.

I have met the representatives of the print media — the Press Industry Steering Committee — on a number of occasions in recent years, primarily in the context of the reform of the law on defamation. At their request, I expect to meet again with the Committee in the near future to discuss any concerns they may have on the Privacy Bill.