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 Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

I thank the witnesses for coming before the committee. Some of the questions I would have asked have already been answered. Do the witnesses have a view on a Personal Injuries Assessment Board-type system being introduced? Is it true that trials in the English system have become more predictable and less costly since 2013?

I do not have a firm view on this matter. I am not bothered by the lack of reasoning for juries, quite frankly. I am more concerned about a fair balance between the rights of the plaintiffs and the rights of the defendants, particularly given that over the years I have seen an extra amount of recklessness used by publications when dealing with someone who had previous convictions or someone who was deceased. The tendency was to plough ahead because there would be no case. A jury may have what is called a chilling effect, or we might say that it might instil some conservatism in what is being published.

Senator Ruane or Deputy Pringle mentioned having more judges and longer court terms. Mr. Kealey mentioned that the courts sit in 34 weeks of the year. Should this be expanded, particularly from the middle of September to the middle of October? There no longer seems to be a valid reason why cases of all types in the higher courts should not proceed at this time.

With regard to juries, as a Derry City and Celtic fan, Mr. Kealey probably knows of a lot of referees over the years who might not be particularly in his team's favour or there might have been a perception of this. Over the years, I could probably have pointed to certain judges who were more likely to be, for instance, in favour of children or against someone who was a member of an ethnic minority who would have no chance. Is there a lot of predictability among member of the Judiciary in general?

There are very significant differences in what a person likely to get from one judge, whom may not be known until the week of the trial. Will there be more predictability from a jury decision as opposed to that position? I know there are many questions there on the English experience, the Personal Injuries Assessment Board, PIAB, and my final question.

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