Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank all Deputies who have contributed and those who have indicated they intend to support the motion. I will make some specific points and, in doing so, I will underline the importance of the proposal and our opting in to it at this stage. The Government has decided that, subject to the approval of the Dáil and Seanad, Ireland should opt in to the proposal at this stage to ensure we can participate in the discussions on the proposals and that the final text of the directive is shaped to accommodate our common law system as much as possible. There is also a strong reputational aspect to be considered for opting in to this proposal at this stage.

The proposal forms a significant element of the European Commission's European democracy action plan. It also complements other Commission initiatives, for example, the strategy on strengthening the application of the Charter of Fundamental Rights of the European Union and the rule of law reports. Democracy, the rule of law and fundamental rights are the foundations upon which the European Union is based. A cornerstone of a healthy and thriving democracy is a guarantee that people can participate actively in public debate without undue interference. For meaningful participation, people must have access to reliable information and be able to form their own judgment on the basis of that information. It is therefore vital to protect journalists and others engaged in public participation on matters of public interest from manifestly unfounded or abusive court proceedings. It is desirable to demonstrate our support for these important principles by opting in to the proposal at the earliest possible stage.

The proposed directive refers in particular to the right to participate in democratic life contained in Article 10 of the Treaty on European Union, the right to freedom of information and expression contained in Article 11 of the Charter of Fundamental Rights of the European Union, the corresponding right to freedom of expression under Article 10 of the European Convention on Human Rights, the right to respect for private and family life under Article 7 and to protection of personal data under Article 8 of the EU Charter of Fundamental Rights and the right to an effective remedy and a fair trial under article 47 of the Charter of Fundamental Rights of the European Union.

Respect for fundamental rights, including the right of access to justice, will be at the heart of the debate on the proposed directive and its interpretation by the European Court of Justice and national courts. The purpose of the proposal is to protect against unfounded or abusive court proceedings. It is not to prevent or impede access to justice or to prevent a person from protecting his or her good name or reputation, rights protected by our Constitution. The proposal therefore includes procedural safeguards, for example, a case can only be dismissed in full or part at an early stage if the judge considers it is manifestly unfounded; any decision in relation to an early dismissal must be subject to appeal; where a defendant applies for the early dismissal of a case, the main proceedings are stayed until such time as the final decision is made on the application to have the case dismissed; and if an early dismissal application is not granted, the plaintiff can continue with his or her action.

Furthermore, the safeguards put forward by the proposed directive seek to address specific identified features of SLAPP suits taken by certain parties against journalists and human rights defenders. These include the deliberate issue of proceedings known to be without merit and maximising of delays and ancillary court applications in order to impose highly exaggerated legal costs; ongoing stress and time burdens; the issue of multiple or duplicate proceedings in a single jurisdiction; the issue of proceedings in multiple jurisdictions, often ones to which the parties and the dispute have no real connection; the waste of court time and resources and drag on court systems due to artificially delayed and duplicate proceedings which have no legal merit; often a significant imbalance of power and financial resources, which pressurises the target of the SLAPP action to withdraw from public participation on the issue in dispute, even where the action appears unfounded; and the subsequent weakening of investigative journalism and defence of human rights, together with public participation more widely. The proposed directive is therefore an important response. There is merit in Ireland opting in at this juncture in order to ensure we can participate in shaping it.

In reply to remarks by Deputy Ó Broin, the European Commission has noted publicly that Ireland is among the first four EU members to commit themselves to introducing anti-SLAPP legislation domestically, as the Government has now done in relation to the reform of defamation laws.

Deputy Howlin is correct in noting that the directive refers to matters with a cross-border dimension and, for reasons of its legal competence, the Commissioner who is responsible for the directive has publicly acknowledged this.

See this speech in context