We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Seanad
‹ Order of Business

Defamation of the dead

Summary

Senator Terry Leyden asks whether legislation could protect deceased people from defamatory claims, citing allegations about former Taoiseach Charles Haughey; the Chair repeatedly questions the matter’s relevance.

Has the Government any intention of bringing forward a Bill regarding the defamation of the dead? Some countries have such legislation. I raise it in particular regarding statements by Dr. T. K. Whitaker in an authorised biography by Anne Chambers published by Transworld Ireland, which has made a statement withdrawing certain allegations made about the late Charles Haughey, former Taoiseach, who was a very progressive Minister for Finance in the 1960s. On 16 December 2003, he informed me and the former Minister and Leader of the Seanad, Mary O'Rourke, that Dr. Whitaker had begged him not to introduce free travel and had gone as far as the Chamber of Dáil Éireann to plead with him not to do so. Now, thanks be to God, Dr. Whitaker can avail of free travel. I am delighted with that and wish him well because I know him well and am very impressed by him. He contributed greatly, with Seán Lemass, Jack Lynch and others, to the development of the country and nothing will ever take from that. However, I am disappointed that at 97 years of age, some publishers may be abusing their position in making statements-----

Comment on this

He never said it. It was explained.

Comment on this
Paddy Burke An Cathaoirleach Fine Gael

Senator Terry Leyden to continue, without interruption.

Comment on this

I accept that, but it was not the case. Maureen Haughey has issued a very detailed statement from the Haughey family.

Comment on this
Paddy Burke An Cathaoirleach Fine Gael

Is this relevant to the Order of Business?

Comment on this

It is relevant because I asked if there was a Bill on the defamation of the dead, which some countries have, although historians do not like them. For somebody of the calibre, ability and standing of Dr. Whitaker, whose book will be launched next Tuesday night, I am disappointed that any writer, Anne Chambers, or any publisher, such as Transworld, would use misleading statements to undermine and damage the good name of a former Taoiseach. There may have been bad relations somewhere along the line because Mr. Haughey was a very strong Minister.

Comment on this
Paddy Burke An Cathaoirleach Fine Gael

This is not relevant to the Order of Business.

Comment on this

When he decided on an issue, he told the Secretary General of the Department of Finance, and that was it. I am glad of the opportunity to put the record straight.

Comment on this
Paddy Burke An Cathaoirleach Fine Gael

The Chair has been very lenient.

Comment on this

You have been very generous - thank you.

Comment on this