The Gazette 1976

GAZETTE

SEPTEMBER 1976

part of the minutes of the council and are therefore open to inspection, for one could not understand the approval without seeing the recommendation ( Williams v. Manchester Corporation (1897) 45 W.R. 412. In England the rule as to inspection does not extend to a Committee exercising delegated powers notwithstanding the fact that the decisions of the Committee have in all respects a force and validity of decision of the authority by itself, for these are minutes of a Committee and not of a Local Authority. This somewhat surprising principle emerges from Wilson v. Evans (1962) 2 Q.B. 383. I doubt very much whether this decision would be followed in Ireland, notwithstanding that it is a decision of a Court of Appeal. The guiding principle in Minutes as in Standing Orders is simplicity and recording matters of fact only. It is the ambiguity or comment that leads to litigation. Reports Reports of meetings of local authorities are, save in most exceptional cases, conveyed to the public by the Press. The position regarding the Press and the Local Autority Meeting here differs very much from the position in England. There the situation is governed by the Public Bodies (Admission to Meet- ings) Act, 1960, which provides that the Press must on request be supplied with agenda and certain other documents relating to matters before local authorities and other bodies. Where such matter is made avail- able to the Press, or to the public attending the meeting at which it is discussed, the Agenda and other documents are privileged unless publication is proved to have been made with malice. Qualified privilege therefore attaches to them. In Ireland the position is governed by:— (a) S.15 of the Local Government (Ireland) Act, 1902 which states:— "No resolution of any Council, Board or Com- missioners to exclude from its meeting represen- tatives of the Press shall be valid unless sanctioned by the Local Government Board in pursuance of bye-laws, which the the Local Government Board are hereby empowered to frame, regulating the admission of the representatives of the press to such meetings." The reference to the Board must now be read as to the Minister for Local Government by virtue of S.4 of the Constitution (Consequential Provisions) Act, 1937 (No. 40 of 1937). S.R. & O. 92 of 1903 makes it obligatory on County, District and Town Councils, in the absence of a sanctioned resolution, to admit duly authorised representatives of the Press. In Pickard v. Oliver (1891) 1 Q.B. 474 it was held that the presence of reporters at the meeting of the Guardians did not destroy the privilege of the member speaking at the meeting. But, the basis there was that the member had a right and a duty to raise the matter that he did at the particular meeting, and to communicate the de- famatory material to the other members present. That being so, the mere fact that reporters also had access could not affect the privilege. That case cannot cover the position where a non-

obligatory prior publication is made to the public press of the contents of the Agenda. (b) Section 24 of the Defamation Act, 1961, affords the defence of qualified privilege to certain newspaper and broadcasting reports by reference to Part II of the First Schedule of the Act.:— "3. A fair and accurate report of the proceedings at any meeting or sitting of— (a) any local authority, or committee of a local authority or local authorities . . . ." However, local authorities would do well to leave to the Fourth Estate their prerogatives, and con- fine themselves to the Council Chamber and offices; because the privileged statements so pub- lished are subject to explánation or contradiction. If a Local Authority feels it has to engage in the whitewashing exercise of public relations, it ought prudently adhere to facts. Its perpetual statutory succession of its guarantee to survive the cheap jibes of the uninformed and the barbs of the antagonistic. "The liberty of the press consists in printing without any previous license, subject to the consequences of law. The licentiousness of the press is Pandora's Box, the source of every evil" R. v. Shipley (1784). Local authorities are in sewers and drains—there is no logical reason for lifting the lid off Pandora's Box as well as the manhole! 1. Examiner in Tort—Patrick Cafferky. 2. Assistant Lecturer/Examiner in Probate—Eamonn Mongey. 3. Examiner in Criminal Law and Evidence— Brendan Garvan. 4. Examiner in Contract—William Binchy. 5. Assistant Examiner in Property—Patrick Durcan. 6. Assistant Examiner in Tort—Michael Staines. 6. Examiner in Commercial Law—Hugh Fitzpatrick. CHANGES IN DISTRICT COURT BENCH District Justice Bernard J. Carroll has been transferred from District No. 21 to District No. 19 - Cork City - replacing the late District Justice Denis P. O'Donovan B.L. District Justice William F. O'Connell has been trans- ferred from District No. 8 to replace Justice Carroll in District No 21 (South Tipperary). District Justice Oliver A. Macklin has been assigned to District No. 8 (Athlone/Ballinasloe). District Justice James Kelly has been appointed per- manently to Dublin Metropolitan District Court. District Justices Joseph Plunkett, Brendan Wallace, Hubert Wine and Arthur McMorrow have been ap- pointed temporary Justices. 149 APPOINTMENT OF LECTURERS & EXAMINERS