Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed)

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

The clock is out but I am going to take a few others who have particular responses to Senator Ruane's comments. On the halfway house idea, I believe there are a couple of halfway houses emerging from this debate. One is the halfway house in which there is not an automatic right to a jury trial. Ms Ní Mhainín mentioned that this right was done away with in England and Wales. Mr. Justice Barton mentioned that last week as well. That is one option. Perhaps a judge could decide whether a person is entitled to a jury or not. The other option is the one I posited at the start, the possibility that a jury would be retained as a finder of fact while a judge actually awards any damages. That seems instinctively attractive. I will call Dr. Hanna, followed by Ms Ní Mhainín and Mr. Kealy. We will then go on to the next speaker.

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