There is no question of a press council or newspaper ombudsman being established on a statutory basis to be funded by the taxpayer, the Tanaiste, Ms Harney, insisted. "The newspaper industry itself must appoint and finance an ombudsman," she told the Dail.
Ms Harney, Minister for Enterprise, Trade and Employment, said the newspaper industry had always linked the appointment of an ombudsman with changes in the defamation legislation. That was a matter for the Minister for Justice, she said. "I understand work is progressing on changing the law in this area." Her responsibility in the area was to "ensure that there is free and fair competition".
She had no reason to doubt the newspaper industry's commitment to implementing the ombudsman recommendation, linked to reform on defamation and "accordingly I have no proposals in relation to its failure to do so".
However, Labour's enterprise spokesman, Mr Pat Rabbitte, questioned why the Minister was opposed to a statutorily appointed ombudsman. "Given the lapses we have witnessed in recent years, does she not consider it to be in the interest of good journalists and good journalism that an ombudsman be appointed?" he asked.
"Deputy Rabbitte's point on whether we should provide for statutory protection, be it an ombudsman, press council, etc, in this area is valid, " Ms Harney replied.
"We must consider providing citizens who are damaged by the media with an alternative to recourse to the courts and we must ensure members of the media are made aware of their responsibilities." Fine Gael's foreign affairs spokesman, Mr Jim O'Keeffe, raised the issue during Enterprise Questions and said waiting for changes in the defamation laws was "like waiting for Godot".
Ms Harney said that if there were not to be an ombudsman or press council or some form of redress, many TDs would be reluctant to change the defamation laws. "We need to have a correct balance. The media has huge powers to inform, to educate, to entertain, but it also has powers to misinform and perhaps to abuse people. Therefore, any change would have to be accompanied by protection."