Results 4,121-4,140 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — National Drugs Strategy: National Drugs Strategy (11 Dec 2007)

Brian Lenihan Jnr: I assume the Deputy's question to be in respect of testing drivers for the presence of illegal drugs. Currently, the Road Traffic Acts provides that a member of the Garda Síochána may, where he or she is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper...

Written Answers — Garda Stations: Garda Stations (11 Dec 2007)

Brian Lenihan Jnr: The programme of replacement and refurbishment of Garda accommodation around the country is based on agreed priorities established by An Garda Síochána in consultation with the Garda representative associations. The programme is progressed by the Garda authorities working in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of...

Written Answers — Asylum Applications: Asylum Applications (11 Dec 2007)

Brian Lenihan Jnr: In relation to access to the labour market, it is not proposed to allow asylum applicants to take up paid employment pending a final decision being made on their applications. Section 9(4)(b) of the Refugee Act 1996 (as amended) provides that an applicant for asylum shall not seek or enter employment. It must also be borne in mind that under the 1996 Act asylum seekers only have temporary...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: If Senator Regan wishes to table an amendment, I will it consider it sympathetically. This is a new provision and was not included in the 1961 Act. Therefore, Senators are entitled to question its meaning, as they are to question the meaning of anything that is put before them. However, specifically, they should raise any concerns they have about this section. I will examine the issue the...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: In what section is this?

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: It has always been part of the common law. All we are seeking is a codification of that, which is an expression of what is the current law in statutory form. I cannot see that it prejudices the parties to a legal action.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: I could give many examples of persons who tell lies.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Not this afternoon. I will return to the subject on Report Stage if the Senator wishes to table an amendment.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Legal professional privilege prevents me from comprehensively answering the Senator's question.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Before I deal with the detail of the amendments I will say a few general words on this section. Section 24 puts on a statutory footing the new defamation defence of fair and reasonable publication on a matter of public interest. It extends the occasion of qualified privilege to the world at large. Defamations can occur on occasions of absolute or qualified privilege without malice....

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Sullivan v. The New York Times Company originated this doctrine in the 1950s. The High Court decision in July 2003 by Mr. Justice Ó Caoimh in the case of Hunter and Callaghan v. Duckworth and Company Limited and Blom-Cooper adopted the reasoning of the Reynolds case and introduced the concept into Irish jurisprudence. In September 2006 the United Kingdom court of appeal refined and...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: There are lurking problems still, in Article 41.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: On the specific point raised by Senator Walsh, my advice is that good faith encompasses all the factors subsequently referred to which includes, in the case of a statement published in a periodical, the extent to which the publisher adhered to the code of standards of the Press Council or to standards equivalent to those specified, and abided by decisions of the Press Ombudsman and...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Does the Senator want me to deal with it?

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Senator Norris's amendment on this section is not as fundamental as his previous one and might not require a vote. However, the point being raised is whether the membership of the Press Council can be made compulsory. In providing for the circumstance in which a matter of public interest can be a fair and reasonable publication, the section goes on to state, at subsection (2)(f): in the...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: That is a unique gift.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: I understand what Senators seek to do, although they have not passed the parliamentary draftsman yet. I notice Senator Regan proposed to delete the section which should not have happened. It is important to have paragraph (g) in the section because it is a protection. The paragraph states: . . . the extent to which the plaintiff's version of events was represented in the publication...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: Senator Callely referred to private lives, an issue which will arise on many sections of the Bill. In the context of this section, however, it is proposed in the Government amendment to delete the reference to "public importance" and insert the words "public interest". This is a much stronger phrase because it clearly implies that there is a distinct private sphere which is not of public...

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: By definition, the attempt must be made in advance. Obviously, the criterion of reasonableness will govern how far in advance the attempts were made. I see some merit in examining whether we can include the plural in this context but it would have to be by way of separate expression.

Seanad: Defamation Bill: Committee Stage (Resumed) (11 Dec 2007)

Brian Lenihan Jnr: The purpose of this subsection is to make it clear that the failure or refusal of a plaintiff to respond to attempts by or on behalf of the defendant to elicit the plaintiff's version of events shall not imply consent to the publication or entitle the court to draw an inference. That is the fundamental purpose of this subsection and I have no difficulty with that. In fact, the additional...