Results 1,121-1,140 of 4,465 for speaker:Jim Walsh

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

Jim Walsh: I thank the Minister for his reply. I understand the parliamentary draftsman stated the singular may be interpreted as the plural. Let us remove the concept of "may" and make this mandatory by including the plural. This is a significant shift in favour of freedom of expression and against the plaintiff in the case. In the circumstances, it would be fair and reasonable for the publisher to...

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

Jim Walsh: Will the words "in advance" be inserted?

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

Jim Walsh: I move amendment No. 27: In page 19, subsection (3)(b), lines 25 to 30, to delete all words from and including "if," in line 25 down to and including "published" in line 30. This is an amendment about which I feel strongly. I suggest section 24(3)(b) should read, "entitle the court to draw an inference" and that the following be deleted, "if, in the particular circumstances of the case, the...

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

Jim Walsh: I am strongly of the view that the wording should be deleted. I fully support the fact that the court should not be able to draw any inference. Once one goes beyond that, one is asking the court to ask if the plaintiff was reasonable in withholding a response — very subjective — or whether the plaintiff felt that the denial or refutation would in itself lead to an inference being drawn....

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

Jim Walsh: We are now dealing not just with domestic publications but international publications with Irish editions, which come in the main from England. If one picks up any newspaper, one would find statements that would fit the bill in regard to subsection (4)(b).

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

Jim Walsh: I move amendment No. 33: In page 21, subsection (4), line 41, to delete "not". I had much debate in this regard with the former Minister, Mr. Michael McDowell. I felt it was one of the most un-republican aspects of legislation I had seen introduced in the House, and I still take equally strong exception to it. This section deals with the lodgement of money in settlement of an action. My...

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

Jim Walsh: I am not happy with that.

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

Jim Walsh: I might do that. I have listened carefully to what the Minister said. I note his first comment was that it would undermine the legislation, although I fail to see how it would do so. It is not the same as other civil cases. If I break my leg, for example, and take a case to court, I am seeking financial compensation. The court will not put my leg in plaster and fix it up for me; I must...

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

Jim Walsh: I take the point made by Senator O'Toole in respect of the Personal Injuries Assessment Board. I did not mean to go down that cul-de-sac because I think the analogy with the Personal Injuries Assessment Board is, as Senator Regan said——

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

Jim Walsh: It is marginal. The point I was trying to make was that——

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

Jim Walsh: I would say to the Minister, as I would have said to the previous Minister in the previous debate, that if the Press Council were independent and in a position to give awards of up to €50,000 or €100,000 — one can choose any amount, much like the Personal Injuries Assessment Board — there would be an alternative whereby a plaintiff could pursue a route that was not costly, satisfied...

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

Jim Walsh: I welcome the Minister's last comments on Section 26, which we skipped but which is worthy of comment. I welcome the fact that the Minister is considering amendments in order that the apology is as prominent as the original statement. Regarding section 27, many people who take cases for defamation and win damages subsequently donate the damages to charity. It is a reasonably common occurrence.

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

Jim Walsh: Not long ago, a case was taken in Ireland and I listened to a radio broadcast concerning it. The editor made a significant financial settlement but did so without an apology. He was at pains to point out that he did so because of the financial bill of legal costs that would have arisen and the fact that the plaintiff may not have been in a position to pay the costs of the case if it were...

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

Jim Walsh: I move amendment No. 38: In page 23, subsection (4), lines 21 and 22, to insert the following: "(l) the extent to which it was fair and reasonable to publish the statement having regard to matters specified in section 24 subsection (2).". I am trying to recall what prompted me to table this amendment. Section 24(2) refers to what constitutes fair and reasonable publication and lists matters...

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

Jim Walsh: It is a pity Senator Norris is not present. I take the Minister's point that particular bodies should not be in a position to advise the courts. The latter should be independent in the assessment of damages, etc. I would favour a situation where a person could make a complaint to the press council and if he or she was prepared to allow it to deal with the matter up to a particular point...

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

Jim Walsh: I wish to refer to a point raised by my colleague, Senator O'Donovan. I do not wish to labour it now as I might deal with it on Report Stage. The Minister may be relying on the effectiveness of the press council to meet the issue, not of the survival of cause of action on death, but of defamation of a deceased person and that there would be respect for the dead, which is a very important...

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

Jim Walsh: I move amendment No. 44: In page 30, between lines 4 and 5, to insert the following subsections: "(2) Any such order made under this section shall be for a period not to exceed five years. (3) After the expiry period for each order the Minister shall conduct a review which will be laid before the Houses of the Oireachtas, together with a copy of any new or renewal order.". This section deals...

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

Jim Walsh: I take Senator Regan's point, which the Minister mentioned, that the power to revoke the order exists. If that is the conventional view on this, that is fair enough. However, should a future Minister have the courage to revoke the order he will no doubt be excoriated in the press for doing so, given that the Press Council is the product of the media. That is why a statutory review term...

Seanad: Broadband Access: Motion (12 Dec 2007)

Jim Walsh: I move amendment No. 1: To delete all words after "Seanad Éireann" and substitute the following: recognising that— telecommunications services, including broadband, in Ireland are provided by the electronic communications sector operating in a fully liberalised market; the market is regulated where appropriate by the Commission for Communications Regulation (ComReg), the statutory body...

Seanad: Broadband Access: Motion (12 Dec 2007)

Jim Walsh: Ar an gcéad dul síos, ba mhaith liom fáilte a chuir roimh an Aire go dtí an Teach anocht. Ba mhaith liom na Seanadóirí a chuir an rún seo ar an gclár a mholadh. Baineann an rún seo le ábhar an-tábhachtach, gan amhras. Tá mé sásta go bhfuil seans againn an ábhar seo a phlé sa Seanad. There is much talk of infrastructure and Senator Ross, when moving the motion, referred to...