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Select Committee on Justice and Equality: Message to Dáil (5 Jul 2023)

James Lawless: On behalf of the committee, I want to thank the Minister and her officials, the members and the secretariat for attending this meeting this evening. The select committee will resume next Tuesday for Committee Stage of the Gambling Regulation Bill.

Written Answers — Department of Public Expenditure and Reform: Flood Risk Management (5 Jul 2023)

James Lawless: 84. To ask the Minister for Public Expenditure and Reform if the case of a housing estate (details supplied) will be examined; and if he will make a statement on the matter. [32905/23]

Written Answers — Department of Education and Skills: School Accommodation (4 Jul 2023)

James Lawless: 316. To ask the Minister for Education and Skills for an update on a matter (details supplied); and if she will make a statement on the matter. [32639/23]

Written Answers — Department of Education and Skills: Schools Building Projects (4 Jul 2023)

James Lawless: 327. To ask the Minister for Education and Skills the progress of a school site in Celbridge which has been identified as a preferred new location for three schools (details supplied); the delays currently being experienced; the timeline for progression of the project; and if she will make a statement on the matter. [32807/23]

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: Apologies have been received from Senator McDowell. Other members may come and go during the meeting or join us online. I welcome the witnesses. It is good to have them here. I remind all present to turn off their mobile phones or switch them to flight or silent mode because they can interfere with the sound system. The purpose of the meeting is to resume our engagement on the general...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: I thank Mr. O'Reilly. He stayed well within time, which is a good marker. I call Ms Ní Mhainín.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: I thank Ms Ní Mhainín. Next is Dr. Hanna from Durham law school.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: That concludes the opening comments. They have been very helpful. The witnesses have the benefit of coming in as the second round, so most have presumably heard what was said the previous day. I will give them the opportunity to respond to that and engage on those points. We heard in a couple of the opening statements that juries should be abolished. At least one or two speakers said...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: I thank Mr. Kealey.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: I do not believe Mr. O'Reilly has spoken yet.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: That is very helpful but how would Ms Ní Mhainín define a SLAPP in 30 or 60 seconds? I seek a bird's eye view for the benefit of everybody around the table so that we are all on the same page.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: That does not necessarily answer the question. What does SLAPP stand for then? It is an acronym.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: Is the term "public participation" intended to mean the articulation of a particular view, perhaps a political view or a questioning of authority?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: It is public participation, something that has been said. If I take a jar of pickles off the shelf in my local Spar store, the manager calls out "Stop, thief" and I sue him stating I will throw in a claim for €1 million, that is obviously not a SLAPP. Must it be a public pronouncement, usually or possibly political, or a journalist either questioning of authority or something of that...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: Politicians and public representatives

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: One of the hallmarks to which Ms Mhainín referred is where the individual is sued as well as the organisation. That would definitely have a more chilling effect, so I imagine it would be a SLAPP. I note Dr. Foley had indicated but, in the interests of time and in fairness to every speaker, I will move on to the next round of questions. Perhaps Dr. Foley will have an opportunity to...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: Dr. Foley wanted to get in. Does he want to reply to that question?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed) (4 Jul 2023)

James Lawless: I was asking if he wanted to reply to the Senator.

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