Results 61-80 of 1,591 for speaker:Eugene Regan

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: On section 1, apropos of the question raised by Senator Norris, I read the record of the House on Committee Stage of the Bill in the last Seanad. It was a comprehensive debate and points of agreement were reached on a number of the sections. The return to the Bill on Committee Stage is an issue, as also is the issue of using and benefiting from that debate in order to revise the Bill and to...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: I am sure the Minister has a good reason but this is a new Seanad and a new Bill would have been in order. The Minister might wish to comment. I fully understand the objectives of this Bill——

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: I understand. Those are my commencing remarks on section 1.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: Why is defamation not defined in section 2 under the list of definitions? It merely states that it shall be construed. Normally, such a definitions section would state that the words to be defined have a particular meaning. In this case, the section simply states, "construed accordingly".

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: The Minister should explain what he envisages as the scope of section 3(2), which provides for an element of retrospection in this Bill. It states that, "A provision of this Act shall not affect the operation of the general law in relation to defamation, in force immediately before its commencement, except to the extent that that provision provides otherwise". What is the scope of this...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: Do we need the penultimate phrase, "except to the extent that that provision provides otherwise" in section 3(2)? Where are we providing for retrospective legislation? Do we really need that last clause?

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: Affidavits are normally sworn for the purposes of the case in question. Will the Minister clarify how the affidavits which are sworn in an action could be viewed by the authorities, and an offence could be prosecuted? I support the principle of affidavits. However, section 7(13) states, "This section does not apply to an application for a declaratory order." If we are to be consistent, I...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: Now that any action will include verifying affidavits by all parties, will the losing party be guilty of an offence under this section, attracting the penalty——

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: The section defines "multiple publication" as "publication by a person of the same defamatory statement to two or more persons ... whether contemporaneously or not." If a defamatory statement is made in, say, the Irish Independent which is then made ten times in the Sunday Independent, will that constitute a multiple publication? Is the definition precise enough?

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: I welcome the Minister's statement that he will reconsider this definition. His statement that separate publications give rise to different causes of action does not emerge from this section.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: Is there a mischief there? As the Minister describes it, if a defamatory programme is re-broadcast, that seems to be a separate cause of action. Is the section needed at all because it seems there is a mischief worthy of protection in those terms?

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: If this section is to be included a definition of defamation with regard to a corporate body would have to be included as it has been with regard to the natural person. This matter of defamation of a corporate body must be considered but the clause "whether or not it has incurred or is likely to incur financial loss as a result of the publication of that statement" is certainly over the top....

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: The connection Senator Norris has made with sections 9 and 10 is correct. Perhaps section 9 should be revisited in this context. Senator O'Toole observed that he believed himself to be personally identified in criticism of the corporate body of which he was a director. This falls under section 9 rather than section 10. Senator Norris's concern that there is potential for an abuse under...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Eugene Regan: This is an important provision designed to provide for finality to litigation in that remitting it back to the High Court for further determination is a very costly process. On balance the provision is probably well based. The main finding in the lower court is one of defamation and regarding the inferences drawn in the High Court, the Supreme Court could draw different inferences from the...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Eugene Regan: I agree this provision is required. In the next paragraph, section 15(2)(g), privilege also attaches where a witness or a legal representative or a juror makes a statement. Consequently it would be entirely incongruous to exclude a judge performing his or her judicial functions from the protection of the privilege afforded in the Bill. Under this section I also wish to ask whether——

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Eugene Regan: Very well.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Eugene Regan: Senator White raised the issue I wish to raise, namely, privilege for local authority meetings. In carrying out their public duties, councillors perform important work in the public interest. Was consideration given to the extension of this section to local authority meetings and local area committee meetings? The work of councils is significant. Much of European Union legislation is now...

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Eugene Regan: The establishment of a tribunal of inquiry is generally a unique event and arises where the political system in a sense becomes somewhat dysfunctional, such that there is a loss of confidence in the system. It is a big step to set up a tribunal of inquiry. It cannot really complete its work without the privilege attached to it. We have long tried to ensure that Oireachtas committees work...

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Eugene Regan: The substitution of "public interest" for "public importance" is——

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Eugene Regan: We are not dealing with No. 8 at the moment. That is fine, thank you.