Madam, - I would like to make the following points in relation to Senator David Norris's letter of July 10th.
The establishment of the office of Press Ombudsman and the Press Council of Ireland was the culmination of a process that began in January 2004 when a press industry steering committee was formed with the sole objective of agreeing a model for an independent press complaints mechanism that would operate at arm's length from both Government and the press industry. That committee comprised representatives of the National Newspapers of Ireland, the Regional Newspaper Association of Ireland, the Periodical Publishers Association of Ireland and the National Union of Journalists. Senator Maurice Hayes acted as facilitator, with myself as the chairman.
A code committee was also established and a code of practice subsequently agreed. The code, breaches of which will be investigated by the Press Ombudsman, is based on the work of distinguished media law academics Prof Kevin Boyle and Ms Marie McGonagle and comprises elements from the code of practice of the British Press Complaints' Commission, the statement of principles of the Australian Press Council, the publishing principles of the German Press Council, the codes of the NUJ and various journalists' codes from around the world, as well as the concerns of the Irish Commission on the Newspaper Industry, 1996.
Throughout the consultation process, the PISC maintained contact with the former minister for justice, Michael McDowell, and many changes were made to the mechanism model and the code as a result of the minister's comments. Meanwhile, the minister was drafting his defamation Bill, which included provision for the recognition in law of the Press Council.
It is disappointing that the defamation Bill was not passed and it is no secret that our current defamation laws are in urgent need of reform. As chairman of the Press Council of Ireland, I have called on the current Minister to bring forward as soon as possible the defamation Bill, whose passage will, I believe, strengthen the council.
The most careful efforts were made during the development of the Council to create a model that would be as independent as possible of both the Government and the industry. The council was set up with separate legal status as a company. It will work in co-operation with a Press Ombudsman, who will have a vital role as the first port of call for complaints, and who will be appointed by the Press Council and answerable only to the council, and who will be free of any dependence on or control by the press industry.
The Council itself has an independent majority - an independent chairman and six other independent members, all of whom were chosen by an independent appointments committee through a process of public recruitment. They are people of standing and varied experience. They all volunteered for this task because they believe it is important and can benefit the public. They are beholden to no one.
The council also rightly has prominent members drawn from the media world, six in all, who can ensure the media perspective is heard, and without whom the council would lack the balance and acceptability it needs to be effective.
This is, in many ways, a unique model, and I believe it represents an innovative third way, neither statutory nor self-regulatory, concerned only to provide an effective, much-needed press complaints mechanism which will be impartial, accessible and free, but will not pose the threat which a statutory system could to the basic press freedoms that are a vital bulwark of our democracy.
It deserves support and a chance to succeed. - Yours, etc,
THOMAS N MITCHELL, Chairman, Press Council of Ireland, Malahide, Co Dublin.