Results 901-920 of 4,465 for speaker:Jim Walsh

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: What if the person who hears the remark is involved in the media?

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: This section involves a significant change in that plaintiffs and defendants will be obliged to swear affidavits. I stated on Second Stage that there is a certain peculiarity in that regard because people who are involved in serious crime are not obliged to present themselves to present any evidence and can remain silent. The Minister recently made an announcement, which I welcome, that the...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: I thank the Minister for clarifying the matter, which is helpful. First, in circumstances where the plaintiff is called by the defendant and is then regarded as their witness, presumably the testimony he or she would give would not be the testimony that suited the defence. Would he or she not then have the right to cross-examine? Second, the defendant and plaintiff are referred to in...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: My concern is that under this provision a defendant will have to make himself or herself available for cross-examination. Who will be the defendant? For example, a reporter may have taken a chance on a story that may not be well-founded. The reporter could have informed the editor that he or she was satisfied with it. If the case went to court, the reporter may not be cross-examined but...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: Section 8 states, "A person has one cause of action only in respect of the publication of a defamatory statement concerning the person even if more than one defamatory imputation in respect of that person is borne by that statement". Will the Minister clarify that all defamatory imputations can be included in that one action?

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: I seek clarification in regard to this section's provision that a person has only one cause of action in respect of a multiple publication. Subsection (2) provides that a court may grant leave to a person to bring more than one defamation action in respect of a multiple publication. Does this section apply where, for instance, an article that defames a person is taken up by other...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: That would be unfair.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: I am not in full agreement with the previous two speakers. I take their point, however, about the supposed feelings of corporate bodies. Where a statement is made, either through sloppy journalism or some other reason, that defames a corporate body and causes it to incur significant financial loss, that body must be in a position to take action. In extreme circumstances, job losses might...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: One issue struck me which eluded me when I spoke earlier. It is much easier for the corporate veil to be lifted than it was under previous legislation. Directors and managers of companies may find themselves, as a result of their company being defamed, in the eye of the storm. It might be suggested that individual managers who feel defamed by unfair and unfounded criticism take a case...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: This proposes a significant change to what pertains at the moment. The Minister might clarify the situation but my understanding is that if a case is appealed to the Supreme Court, the latter can refer the decision to the lower court. There have been famous examples of increases in awards but I am concerned about the Supreme Court being able to override a case which has been prosecuted...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: I concede the Minister made a logical point in respect of the case he mentioned where the Supreme Court referred it back and there was a subsequent significantly higher award of damages. I can see the dilemma. On the other hand, I have serious misgivings about the Supreme Court making its decision against the High Court where the full ambit of evidence, cross-examination and so on has been...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Jim Walsh: I fully accept the logic of what the Minister said. If a case is appealed to the Supreme Court, it cannot be referred back to the High Court interminably until a decision is reached with which the parties are satisfied. That would be a bad use of court time and is neither in the interests of the defendant nor the plaintiff. I still have great difficulty in accepting the outcome of some...

Seanad: Order of Business (Resumed) (21 Feb 2007)

Jim Walsh: I refer again to the report of the Committee on Justice, Equality, Defence and Women's Rights in respect of collusion on various atrocities which occurred here during the Troubles of the past 30 years and the involvement of the Northern Ireland Office, the Secretary of State and the British Government without whom these events would not have occurred. I call for a debate on that report....

Seanad: Health Service Reform: Statements (21 Feb 2007)

Jim Walsh: How long does that allow me?

Seanad: Health Service Reform: Statements (21 Feb 2007)

Jim Walsh: Perhaps the Minister of State might give us two minutes of his time. I thank Senator White for sharing her time with me and giving me the opportunity to contribute to the debate. Like other Senators, including Senator Ulick Burke, I listened with interest to what the Minister had to say. Her contribution reinforced my opinion that the Minister and her two able Ministers of State, Deputies...

Seanad: Mental Capacity and Guardianship Bill 2007: Second Stage (21 Feb 2007)

Jim Walsh: I commend Senator Henry for pioneering this legislation. She has on many occasions brought the issue of mental health to the forefront in an enlightened way. It is to our benefit that she has taken an initiative in this area. As she stated the reform of the law on legal capacity is overdue. I am glad the Minister of State concurs with the Bill. The Law Reform Commission recommended...

Seanad: Mental Capacity and Guardianship Bill 2007: Second Stage (21 Feb 2007)

Jim Walsh: That is wishful thinking.

Seanad: Mental Capacity and Guardianship Bill 2007: Second Stage (21 Feb 2007)

Jim Walsh: It is an issue of exploitation.

Seanad: Order of Business (Resumed) (22 Feb 2007)

Jim Walsh: I support the call for a debate on the report on education. For some time I have been disturbed that, as is the case with most professions, there are many instances of round pegs in square holes. A number of teachers in the primary and secondary sectors——

Seanad: Order of Business (Resumed) (22 Feb 2007)

Jim Walsh: ——are not up to the required standard and that is unfair to the children who go through their classes and do not get an education as a result. It is also unfair to the teachers who do not have the necessary skills and are perhaps working under stress. There should be a mechanism to allow them to leave a profession for which they are unsuited. There was a highly dangerous incident this...