Dermot Ahern (Louth, Fianna Fail)

Section 15 was inserted on Committee Stage as a consequence of an amendment made to section 3 of the Bill. The section was inserted for the avoidance of any doubt following consultation with the Office of the Attorney General and Parliamentary Counsel. The new section abolishes any defence that might have been pleaded in a libel or slander action under common law immediately before the commencement of this Bill. The Bill provides for a range of defences in defamation actions in Part 3, which defences will apply to causes of action that might arise following the enactment of the Bill.

Deputy Rabbitte proposes the substitution of subsection 15(2) with a new subsection which seeks to improve on the construction used in the current text. However, I am advised by the Office of the Attorney General and the Parliamentary Counsel that the text proposed by Deputy Rabbitte does not improve on the text they have provided. The existing text is more comprehensible as it stands and I do not propose to accept the amendment.

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