Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I move amendment No. 10:

In page 16, after line 40, to insert the following: “Effect of specified ADR procedures on limitation periods

34K. In reckoning a period of time for the purposes of any limitation period under section 11 of the Act of 1957 applicable to the bringing of a defamation action, the following periods of time shall be disregarded:

(a) where a complaint is made to the Press Council to which Schedule 2 refers, the period beginning on the date of the making of the complaint and ending on the date of the determination of the complaint (including, where applicable, its determination by the Press Council on appeal) in accordance with the procedures of the Press Council for the time being in force;

(b) where a person exercises a right of reply under section 49 of the Broadcasting Act 2009, the period beginning on the date of the making of a request for the right of reply under that section and ending on—

(i) the expiration of a period of 21 days after the date of receipt by the requester of a decision to refuse under subsection (8) or (9) of that section, or

(ii) where an application to the Compliance Committee is made under that section, the date of receipt by the person who made the application of a statement in writing of the decision of the Compliance Committee under subsection (20) of that section.”.

Amendment No. 10 seeks to ensure that applicants are not dissuaded from using alternative dispute resolution mechanisms because of concerns about the limitation period for bringing defamation actions under the Statute of Limitations. It clarifies that periods of time under which alternative dispute resolutions procedures are ongoing shall be disregarded for the purposes of the limitation period.

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