[July 10, 2006]

Privacy law 'is a bid to protect FF'

(Daily Mail Via Thomson Dialog NewsEdge) JUSTICE Minister Michael McDowell's proposed privacy law is nothing more than an attempt to protect Fianna Fail ministers from proper public scrutiny, it was claimed last night.

Fine Gael justice spokesman Jim O'Keeffe said he had serious reservations about the proposed bill, the details of which were announced on Tuesday night in conjunction with a draft copy of Mr McDowell's long awaited libel law reforms.

Publication of the promised libel reform package had been delayed for almost six months after a number of senior Fianna Fil ministers insisted that privacy laws be introduced in tandem.

Mr McDowell himself is known to have been opposed to any privacy legislation, believing instead that the Constitutional guarantee of the right to privacy and the European Convention on Human Rights offered sufficient protection.

But he was bluntly told that he would not get the legislation on libel law reform through Cabinet without proposals to protect individuals' privacy.

The most vociferous demands for a privacy law are believed to have come from Transport Minister Martin Cullen, Finance Minister Brian Cowen and Communications Minister Noel Dempsey.

Last night, Mr O'Keeffe said: 'I believe the drive for a privacy bill is coming from Mr McDowell's Fianna Fail Cabinet colleagues and is motivated more by efforts to spancel media comment on ministerial misdemeanours than it is by a desire to protect the public interest.' Mr O'Keeffe continued: 'In the past, the justice minister has produced a defamation bill and brought it to the Cabinet, but they wouldn't accept it without a privacy bill. Mr McDowell didn't want that and he made it clear. He has now been forced to produce this draft privacy bill.' The Fine Gael TD asked why Fianna Fil ministers were so determined to have privacy legislation introduced.

He said: 'Why are the Fianna Fil members of the Cabinet so insistent that privacy laws are introduced? I believe it's a desire to protect themselves.

It certainly has nothing to do with the interests of the public.' When asked on Tuesday if any members of the Cabinet had expressed the view to him that their privacy had been breached, Mr McDowell said that they had. The Progressive Democrat minister replied: 'Some ministers would have considered that their privacy had been violated, yes.' However, Mr McDowell did not say whether he agreed with Cabinet colleagues who argued that their privacy had been invaded. But he added: 'It would be strange if they didn't have a view on the matter [of privacy legislation].' Attempting to distance himself from the contentious issue of Fianna Fil ministers' influence on the introduction of privacy laws, Mr McDowell said a failure to introduce privacy legislation could leave Ireland vulnerable to a case being taken in the European Court of Human Rights.

He gave the example of the case of Princess Caroline of Monaco who had successfully taken a case for invasion of privacy in the European court after it was found that German law provided inadequate protections. Mr McDowell said the proposed privacy legislation would merely bring Ireland into line with other European countries.

However, Mr O'Keeffe questioned Mr McDowell's timing. 'He has to explain why he has produced this in draft form at the end of the Dil session. He must also explain why he has not followed normal parliamentary procedure, which is that it would have been circulated to members of the House first. It hasn't been properly circulated yet,' Mr O'Keeffe said.

Mr McDowell's proposed defamation bill brings Irish law into line with British law and also grants statutory recognition to a press council, which would arbitrate speedily and without substantial financial outlay on less serious complaints.

The Press Industry Steering Committee (PISC) - a group comprising several national organisations representing the print media and the journalistic profession and which had been lobbying for libel law reform - has already expressed its reservations about the privacy legislation.

A statement from the PISC said: 'On the matter of privacy, the PISC believe that privacy - as it relates to the media - is best dealt with by the press council and not by legislation'.

It is understood that representatives of the national newspapers will meet within the next few weeks with legal representatives to discuss their response to Mr McDowell's announcement.

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