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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!
APPOINTMENT OF LECTURERS &
EXAMINERS
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