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Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Joanna Tuffy: I appreciate the support shown by Members and withdraw the amendment.

Seanad: Order of Business (6 Mar 2007)

Joanna Tuffy: I also wish to raise the tragic death of Derek O'Toole and how it is being dealt with by the Garda. What happened took place in Lucan in my constituency and Derek O'Toole was, and his family are, constituents of mine. There is a need for an independent element of any investigation carried out into Derek O'Toole's death, all the circumstances surrounding it and the media coverage of it....

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

Joanna Tuffy: I move amendment No. 17: In page 19, subsection (2)(g), line 16, after "obtain" to insert "in advance". The first part of section 24 (2)(g) states that the plaintiff's version of events should be represented in the publication concerned. If we also allow "the extent to which a reasonable attempt was made by the publisher to obtain and publish a response from that person", that attempt should...

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

Joanna Tuffy: I thank Senators Jim Walsh and Maurice Hayes. The more I look at it, what the Minister of State has said does not make sense. How can one take into consideration whether something was fair and reasonable if, after publication, one looked at whether the defendant made an attempt to contact the person for a response? That is after the event. If somebody published something defamatory and he...

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

Joanna Tuffy: Yes.

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

Joanna Tuffy: Exactly.

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

Joanna Tuffy: I agree with the other Senators. It would be acceptable if the Minister of State were to say he would look at the matter between now and Report Stage. Section 24(2) deals with whether it was fair and reasonable to publish the statement. Paragraphs (a) to (f) and (h) all deal with the time of the statement or beforehand. Paragraph (g) is the one paragraph that allows for the possibility of...

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

Joanna Tuffy: I move amendment No. 20: In page 19, subsection (4), between lines 39 and 40, to insert the following: "(d) as far as practicable, he or she made a reasonable attempt to obtain in advance and publish a response from the person to whom the publication related, and". This amendment is similar to an earlier amendment. Obviously, it is part of the defence that an attempt was made in advance to...

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

Joanna Tuffy: I move amendment No. 21: In page 20, subsection (1), line 41, after "the" to insert "District Court, Circuit Court or". We tabled this amendment because it allows for a declaratory order. As there are no damages with such an order, we believe there is no reason to confine it to the High Court. In particular, in light of the costs involved in going to the High Court, it seems unreasonable...

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

Joanna Tuffy: To return to what the Minister of State said——

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

Joanna Tuffy: Yes. I understand what he is saying and can see that allowing a District or Circuit Court to decide the issue would be a new development. On the other hand, why should we not allow them to decide these issues? One has a judge and a court. Why must so many things go to the High Court for determination? It is very off-putting for many people, especially those who do not have the money to...

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

Joanna Tuffy: I move amendment No. 22: In page 21, subsection (6), line 19, to delete "applicant" and substitute "plaintiff". This is a technical amendment that aims purely for consistency in language. The word "plaintiff" is used in previous sections and we suggest that the "applicant" should refer to the "plaintiff".

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

Joanna Tuffy: It is being withdrawn but I ask the Minister of State to reconsider the matter.

Seanad: Prisons Bill 2006 [Seanad Bill amended by the Dáil]: Report and Final Stages (20 Mar 2007)

Joanna Tuffy: Did the Minister have discussions with prison governors on how they might ensure the implementation of this provision? Are they of the view it is likely it to be enforced? Senator Jim Walsh made the point that not every prisoner who would use a mobile phone would use it for malicious or criminal reasons. Many of us believe we cannot survive without a mobile phone, although that is not the...

Seanad: Prisons Bill 2006 [Seanad Bill amended by the Dáil]: Report and Final Stages (20 Mar 2007)

Joanna Tuffy: I thank the Minister and his officials and I thank him for accepting some of the amendments tabled by the Opposition, including those tabled by my party, and for making amendments on foot of some of the issues raised on this side of the House.

Seanad: Education (Miscellaneous Provisions) Bill 2007: Second Stage (20 Mar 2007)

Joanna Tuffy: I broadly welcome the Bill. I welcome the idea of a national behaviour support service. It is important that it would be properly resourced. I am interested in the idea of behaviour support classrooms and the Minister might explain what those support classrooms would entail. Will these classrooms have staff who are specialists in this area as such teachers would need to be specially...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (21 Mar 2007)

Joanna Tuffy: I hope Senator Norris does not mind me saying this, but the debate is like Ulysses in that it has gone on a long time. Is there a similar provision on directions in other legislation dealing with compensation?

Seanad: Order of Business (23 Mar 2007)

Joanna Tuffy: I, too, want to express my abhorrence at the letter sent on behalf of the Department of Education and Science warning claimants to drop cases against the State on abuse in schools or face significant bills. Apart from the insensitivity of that letter, given that the O'Keeffe case has been appealed to the Supreme Court, it is premature for the Department to make that kind of statement in...

Seanad: Health Bill 2006: Second Stage (Resumed) (23 Mar 2007)

Joanna Tuffy: I welcome the Bill because it improves the situation in our health system. The problem with the Bill is that it does not go far enough. It does the minimum in providing for the Health Information and Quality Authority and the Office of the Chief Inspector of Social Services However, it does not go as far as it should in terms of placing patients and their needs to the fore. What is needed...

Seanad: Order of Business (Resumed) (29 Mar 2007)

Joanna Tuffy: Will the Deputy Leader ask the Taoiseach to come before the House to debate whether democracy is an overrated concept? I am interested in hearing the Taoiseach's views on this matter in light of Senator Fitzgerald's experience of democracy, courtesy of the leadership of Fianna Fáil.

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