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 Lynn RuaneLynn Ruane (Independent)
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With regard to juries, I am in favour of keeping juries involved in court proceedings but I understand people's concerns. The witnesses last week were very much against the idea that juries are what is holding up cases. It is about more than judges; it is also about court space and various other issues. I wonder about a couple of issues. Last week, one of the contributors - I forget who - made reference to the Personal Injuries Assessment Board, PIAB, model. What are the witnesses' thoughts on the use of a similar model for something like this? Ms Ní Mhainín mentioned that a provision allowing people the right to seek trial by jury as a kind of halfway house on the way to abolishing juries exists in Wales and somewhere else and that there has never been a jury called in a defamation case. Can we get behind that a little bit more? Has a jury ever been requested? What criteria are set? Are guidelines set out for judges? What criteria need to be met for somebody to get a trial by jury? Is it a matter of a judge making individual decisions within his or her own discretion at particular times? Perhaps there have been plenty of requests for juries but we do not know if requests have been refused or why or if there are guidelines as to the criteria to be met to say that it is in the best interests of justice. If a person feels it is in the best interests of his or her justice and requests a jury, should that not be the bar? Do the witnesses have thoughts on that?