By Alan Ruddock
Some months ago when Michael McDowell, the Minister for Justice, Equality and Law Reform first published his Privacy Bill, I wrote about the steady degradation of his political credibility. Little did I know how far it could slide.
The proposed privacy legislation, like so many of McDowell’s recent actions, runs counter to his better instincts and beliefs. It is a sop to the political demands of his senior partners in government, rather than a considered and intelligent piece of legislation. Elements within the Fianna Fail/Progressive Democrat cabinet were determined not to allow an overdue reform of the defamation laws to proceed without extracting two pounds of flesh from the media.
The first was the requirement for a statutory Press Council, which will exist at the whim of the minister of the day; and the second was statutory privacy laws. Since the proposals for the Press Council are intertwined with the new libel proposals, there is no wriggle room: unless the media owners accept his proposals, libel reform will not happen.
The new privacy bill, however, lives a separate life and may proceed even if libel reform does not happen.
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