Results 941-960 of 4,465 for speaker:Jim Walsh

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I did not receive a satisfactory response to a point I raised on the previous occasion the Bill was debated. Section 22(1) states: "In a defamation action the defendant may give evidence, in mitigation of damage, that he or she made or offered an apology to the plaintiff...". Why is a distinction drawn between the words "made" and "offered" in this context? The legislation does not make...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I agree with Senators Tuffy and Maurice Hayes. I am somewhat taken aback with the response. Section 24(2) states: For the purposes of this section, the court shall, in determining whether it was fair and reasonable to publish the statement concerned, take into account such matters as the court considers relevant including any or all of the following . . . Amendment No. 17 would result in...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I take the point the Minister of State makes but I strongly urge him between now and Report Stage to have another look at the issue. It is not necessarily good enough to leave an issue such as this to the courts. We are making a significant change in the laws of defamation, which I will comment on when we come to the section. In doing that, there needs to be regard to the ordinary citizen...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: It might well be argued that the defence of fair and reasonable publication is a concession to the media. I take a different view. I think it is a concession to free expression and it is one I fully support in the Bill. It is a significant shift and modifies our defamation laws substantially, but it is right that it should do that where issues of public importance and matters of public...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: A very simple question arises from section 24(3)(b) which states that the court is not entitled to draw an inference but then qualifies this by stating that the court would look at whether the plaintiff was reasonable in withholding a response. In what circumstances would a plaintiff be unreasonable in withholding a comment if he or she were contacted by a newspaper? There should be no...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I understand some people will just want to clear their names and therefore will seek a declaratory order in order not to become involved in the high cost of prosecuting a case. It is my understanding that if a declaratory order is made, no compensation would follow. I am concerned that if there is no financial penalty, there is no incentive for journalists to be responsible. I accept it is...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I listened with interest to the Minister of State's response. While I am not a legal expert, I understand the system and why people would seek a declaratory order. In the case of a person who is seriously defamed, he or she may well decide to seek a declaratory order. It is easy to say it is his or her choice and that he or she can continue the case but one has to take account of an...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: We are entitled to debate it. This is an important matter that goes to the kernel of the debate. Section 26(2) states: Upon an application under this section, the court shall make a declaratory order if it is satisfied that— (a) the statement is defamatory of the applicant and the respondent has no defence to the application, (b) the applicant requested the respondent to make an apology,...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I have debated this section with the Minister and his officials. It is badly in need of modification. When someone is defamed, the defendant may agree to offer a degree of compensation without an apology or acknowledging the defamation. The person may decide to pursue the case because reputation is more important than compensation. Subsequently, the court may find that the plaintiff was...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: The plaintiff may have to pay the costs of the defendant. It represents a major gamble and is grossly unfair. Does the Department not see the inequity in this? The plaintiff may be a law-abiding citizen in court for the first time and would inquire of the legal team when an offer is made. The plaintiff is likely to follow the advice of the legal team. As a consequence, the plaintiff may...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I believe the plaintiff has a strong choice where an offer is made. I note the Minister of State concurs with the point raised by Senator Maurice Hayes. I cannot see any comparison between a case for defamation and another civil case involving a settlement. A defamation case primarily requires an apology, retraction and the restoration of a person's reputation. I cannot think of any other...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: I accept that. However, if an individual, who is seriously injured, goes to court, it will assess compensation and damages. All that is at issue is the amount. This provision means a person will receive money but no one will know there was a retraction of a libel if the newspapers do not publish it. We are setting a charter where only the ultra-rich will be able to vindicate their names....

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: Senator Maurice Hayes claims if we do allow this provision, a person can proceed with a case, no matter the costs. The person ultimately will be faced with costs if they lose their case. Section 27(4) states, "The defendant shall not be required to admit liability in an action for damages for defamation when making a payment to which this section applies." This should be amended to "the...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: There is a need to reform our outdated defamation and libel laws. I agree with fair and reasonable defence. It must be balanced. There is little attempt, however, to balance the rights of the ordinary person whose reputation can be seriously damaged to get proper justice. Everything is stacked against them.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Jim Walsh: Like Senator Norris, I am not a legal professional. It is often to my disappointment as it would have been a far more lucrative profession to have pursued. Settlements of this nature rarely come out of the blue. They usually follow some consultation and negotiations between the legal parties on both sides. If a person takes a case, the primary objective is the restoration of his or her...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Jim Walsh: I too welcome the Minister and the Bill itself, which is an example of political parties co-operating on questions of importance and real concern to people rather than turning them into partisan issues. That is to the benefit of the Houses and society as a whole. This Bill arises from the emergency legislation passed last year, but everyone in the House welcomed it at the time because there...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Jim Walsh: I concur fully with what the Minister has said and believe he has dealt with the matter comprehensively. I also agree with Senator Terry. In respect of Senator Norris's comments, great consideration and weight was given to the issue of mens rea at the meetings of the Oireachtas joint committee with responsibility for child protection. The committee heard from legal people who made the...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Jim Walsh: I commend the Minister on the expeditious manner in which he dealt with this legislation after it was brought to his attention. Senator Norris and others have commented on the magnanimous manner in which he gave due credit to the leader of the Labour Party and the Fine Gael Party for the initiatives they had taken. Legislation on grooming is a recommendation of the child protection committee...

Seanad: Roads Bill 2007 [Seanad]: Second Stage (7 Mar 2007)

Jim Walsh: How about two or three minutes?

Seanad: Roads Bill 2007 [Seanad]: Second Stage (7 Mar 2007)

Jim Walsh: I commend the Minister. I have never seen such progress being made on improvements to our road infrastructure, although it was overdue. The fact that the work is on time and within cost is a credit to the Minister and the initiatives he has taken. With regard to the M50, tolls are a satisfactory way of recouping the cost of road improvements. They should be on main arteries between our...