Seán Sherlock (Cork East, Labour) | Oireachtas source

In regard to amendment No. 10, suggesting we ought to set out in statute that a person's rights would, regardless of circumstances, always take precedence over a company's rights is misconceived in law. Like human beings, companies have rights which must be protected. For example, a company can enjoy the right of freedom of speech and be afforded a nationality. While I appreciate that this section has been interpreted as somehow strengthening the corporate personality at the expense of human beings, that simply is not the case. It is not appropriate to attempt to introduce a hierarchy between various rights in statute law. It is a matter for the courts to interpret the facts of a particular case and apply the law. It ought to be appreciated that rights are not limited and that it is normal that different rights conflict with one another. It is on that basis that I cannot accept amendment No. 10.