Oireachtas Joint and Select Committees

Tuesday, 20 June 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Defamation (Amendment) Bill: Department of Justice

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I am the first non-legal person, or person who has not studied law, to speak. I feel as though I have just walked into the wrong classroom or something. I am trying to grasp the language and how we are speaking about the subject. I have a few questions and perhaps some of them may seem a bit basic given where the conversation has been, but it is just so I can fully understand. As I see it, "serious harm" is not defined within the Bill. Should we have a definition of "serious harm" within the Bill in relation to litigation or defamation?

Mr. Harty referred to abolishing the right to a jury trial and that the report, as set out, seems to be grounded on some incorrect assumptions. I would love to get an insight as to what those assumptions are. I am glad there is such a unanimous declaration of why, and for what reasons, we should hold onto juries in the courts. I was interested to hear Deputy Daly speak about how Sinn Féin does not support juryless courts, and how Sinn Féin recently mooted the idea of changing its position with regard to the Special Criminal Court. Perhaps it will ensure that we abolish the Special Criminal Court and ensure juries exist in all of our democratic institutions.

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