The Labour Party has given a qualified welcome to the Privacy Bill published by the Minister for Justice, Michael McDowell, which has provoked a highly critical response from the media.
The Labour justice spokesman, Brendan Howlin, yesterday welcomed the Minister's decision to provide a statutory framework for the constitutionally recognised and guaranteed right to privacy.
"Primary legislation is required. I understand the fears that some journalists have, but as legislators we have to take account of the best interests of society in general. I believe that the Bill can be framed in such a way as not to adversely impact on investigative journalism," Mr Howlin said.
In a statement issued after a Labour parliamentary party meeting at which the issue was discussed, Mr Howlin said that the Privacy Bill could and should be improved during the parliamentary process.
"There are some aspects that concern me and which we hope to improve in the Dáil," he said.
"Most importantly, it seems to me that, when an individual complains of an invasion of privacy and seeks compensation, a court should be entitled to consider the prior conduct of that person, insofar as it may have amounted to a waiver, in whole or in part, of that person's right to privacy, or may have invited or encouraged media interest," he said.
Mr Howlin added that those who earned a living from the media spotlight could not expect that publicity would always be in the form and manner of their own choosing.
"There also needs to be a strong public-interest defence to actions for invasion of privacy while at the same time making it clear that, despite the views held by some in the media, disclosure of personal information is not in the public interest merely because it relates to a public figure or because it is newsworthy," he said.
Fine Gael has been more critical of the proposals on privacy and yesterday the party's justice spokesman, Jim O'Keeffe, repeated his view that the Bill was unnecessary.
"It seems to me that this Bill is entirely unnecessary. As I don't accept the need for it, I am opposed to it. I would like to know where the pressure is coming from and I have no doubt that it is coming from Fianna Fáil," Mr O'Keeffe said.
On the Defamation Bill, which will be debated in tandem with the privacy legislation, Mr O'Keeffe said he welcomed the changes being proposed and the introduction of a press council.
Mr Howlin said that it was clear from a long time back that the package of law reform most likely to command all-party support would include both a liberalisation of our libel laws and a firmer statutory grounding for personal privacy protection.
