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
Mr. Mark Harty:
On the Deputy's comment about the Judiciary, we have been blessed in this country with regard to the respect in which the Judiciary is held by the citizen, the Oireachtas and the Executive. That has been repaid by a Judiciary that is broadly as representative as it can be, considering the qualifications required of the people of the State.
Certainly, since the change of law in the UK, there has been a growth in hostility towards the Judiciary. One would not look forward to a day where we could see a headline in a newspaper saying “Enemies of the people”, for example, which has occurred. That is at the highest level.
At the lower level, whereby the Judiciary are brought into these fights between public personaeabout their reputation and are made to be players in that game by virtue of having to give those decisions, that is avoided by reason of the jury. That is one of the great values of the jury, plus the public appreciates the value of the jury. We have seen that in the Depp situation where, in effect, Mr. Depp won because the American jury was seen to have trumped a judge alone in the UK. That is how the public reacts to it. The public does not think that 12 people could have had some small reason. I use the word “caprice” because that is what the public will perceive or rely upon. It is not that I believe that there is necessarily any caprice but that is what the public might see. We must value our Judiciary and the manner in which it is held, and that is one of the great values of the jury action.