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

Maurice Cummins: I suppose that would include Ministers and Ministers of State who blame their secretaries for sending out letters without their knowledge.

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

Maurice Cummins: We accept the Minister's apology.

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

Maurice Cummins: Where there is a financial loss, nobody would disagree that a corporate body is entitled to claim. I take on board what Senators Norris and Maurice Hayes said. This section seems to go a bit overboard. I look forward to discovering whether the Minister agrees that its provisions may go too far.

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

Maurice Cummins: I also have concerns about this section. I compliment Senator Norris on his research, especially on the case two years ago. It appears to be a complete U-turn on what happened under the same Minister and Government. We were brought up to believe a jury's decision was sacrosanct but in this section we are saying the Supreme Court can overrule the decision of any jury on damages. It is a...

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

Maurice Cummins: We could do away with juries altogether.

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

Maurice Cummins: I take the Minister's point. However, it appears the section is there to curb and restrict the powers of juries. It appears that juries are not being given the credit for making a rational decision, based on all the evidence that has been put before them. We appear to be saying that the Supreme Court has the power of overruling those juries. It is a sad indictment that the Minister has...

Seanad: Order of Business (21 Feb 2007)

Maurice Cummins: Just as well.

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

Maurice Cummins: I compliment the Law Reform Commission on its various publications dealing with this subject and I pay tribute to Senator Henry for bringing this Bill before the House. I strongly support the Mental Capacity and Guardianship Bill, which is a long overdue replacement for the outdated wards of court system currently in place. We need not look beyond the title of the Lunacy Regulation...

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

Maurice Cummins: We are talking about procedure.

Seanad: Courts and Court Officers (Amendment) Bill 2007: Second and Subsequent Stages (27 Feb 2007)

Maurice Cummins: I am delighted to welcome the Bill because there is certainly a need for more judges. I noted with interest the Minister of State's comments on issues such as judicial training and sentencing and I will deal with these later. With the substantial increase in crime in recent years and even with falling detection rates, record numbers of cases are going to court and the waiting lists of cases...

Seanad: Courts and Court Officers (Amendment) Bill 2007: Second and Subsequent Stages (27 Feb 2007)

Maurice Cummins: The increases were in the most productive sectors.

Seanad: Courts and Court Officers (Amendment) Bill 2007: Second and Subsequent Stages (27 Feb 2007)

Maurice Cummins: Is the Senator speaking about the nurses?

Seanad: Courts and Court Officers (Amendment) Bill 2007: Second and Subsequent Stages (27 Feb 2007)

Maurice Cummins: Who set their terms of reference?

Seanad: Courts and Court Officers (Amendment) Bill 2007: Second and Subsequent Stages (27 Feb 2007)

Maurice Cummins: The Minister set them when he was in another position.

Seanad: Vocational Education Committees (27 Feb 2007)

Maurice Cummins: I welcome the Minister of State, Deputy Haughey, to the House. I congratulate him on his appointment and I wish him well. There is great disquiet in Waterford that Waterford City VEC may have to axe many adult and community education classes. The news has sparked outrage and disappointment, especially among many senior citizens, who are dismayed at the suggested discontinuation of some of...

Seanad: Vocational Education Committees (27 Feb 2007)

Maurice Cummins: I welcome the Minister of State's response and hope the necessary finance will be forthcoming to allow the City of Waterford VEC continue its classes.

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

Maurice Cummins: Was it fair comment?

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

Maurice Cummins: I was here for the Minister's speech in Irish. When asked to comment whether I thought there was an ulterior motive, I stated that the text in English was available to the Members. I thought that would be the end of it, but obviously it was not.

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

Maurice Cummins: Section 20(5)(b) states: "...to publish that correction and apology in such manner as is reasonable and practicable in the circumstances". Where a defamatory statement is made on the front page of a newspaper, must the apology not be accorded the same prominence as the original article rather than placing it in a corner of page 4, for example? Are these the circumstances to which the...

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

Maurice Cummins: To reinforce what the Minister is saying, 14 days may not be the right duration. It is too late to leave it until an action is commenced because the apology should have been made as soon as the newspaper realised it was wrong to print the allegation. It should not certainly wait until as soon as "practicable thereafter, in circumstances where the action was commenced".

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