Results 1-20 of 8,917 for speaker:Jim O'Callaghan

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: That has not been set yet.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 7: In page 16, lines 35 to 38, to delete all words from and including “(if” in line 35 down to and including line 38 and substitute “his or her compliance with subsection (1).”.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 8: In page 16, between lines 38 and 39, to insert the following: “(3) If the originating document referred to in subsection (2) is not accompanied by a statutory declaration made in accordance with that subsection, the court concerned shall adjourn the proceedings for such period as it considers reasonable in the circumstances to enable the practising solicitor...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 9: In page 16, line 39, to delete “(3)” and substitute “(4)”.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 10: In page 16, after line 40, to insert the following: “Effect of specified ADR procedures on limitation periods 34K. In reckoning a period of time for the purposes of any limitation period under section 11 of the Act of 1957 applicable to the bringing of a defamation action, the following periods of time shall be disregarded: (a) where a complaint is made...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 11: In page 17, line 2, to delete “34K.” and substitute “34L.”. Amendments Nos. 11 to 13, inclusive, adjust references to reflect the inclusion of the new section 34K.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 12: In page 17, line 29, to delete “34L.” and substitute “34M.”.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 13: In page 17, line 30, to delete “section 34K(1)(a)” and substitute “section 34L(1)(a)”.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 14: In page 18, between lines 2 and 3, to insert the following: “Circuit Court identification order The Principal Act is amended by the insertion of the following section after section 44: “45. (1) The Circuit Court (in this section referred to as the ‘court’) shall have jurisdiction to hear and determine an application in accordance...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I thank Deputy Carthy for his contribution. This is probably the most consequential amendment we have discussed this evening. It will probably be of the most assistance to people in Ireland who are concerned and affected by defamation. As I said, the most common form of defamation in Ireland is not carried out by the media. In fact, the media are much more careful and responsible than in...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: As that is the last section, may I identify some provisions I may bring forward on Report Stage?

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I wish to indicate to the House that I intend to bring forward some further amendments, about some of which we are not yet clear as to the exact placing within the Bill. Those amendments will include an amendment to provide for clearer and simpler defence of fair and reasonable publication in the public interest, which is particularly important to protect responsible public interest...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I might respond formally to Deputy Gannon's amendments. I understand the purpose of amendment No. 3 would be to delete the reference to "manifestly unfounded" contained in section 34E of the proposed Part 4A. Section 34E transposes Article 11 of the directive under which a court may strike out proceedings that have been initiated against a person on account of their engagement in public...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I move amendment No. 6: In page 16, lines 10 to 12, to delete all words from and including “under” in line 10 down to and including line 12 and substitute “to which Schedule 2 refers, or”. This group of amendments makes changes to section 18 of the Bill, which concerns alternatives to legal proceedings. Amendments Nos. 6 and 7 make minor drafting changes to...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: This section proposes an amendment to section 17 of the Defamation Act. That section sets out what is protected by the defence of absolute privilege. For instance, any statement made in this House is absolutely privileged. No matter what Deputy Carthy were to say about me, even if it were grossly defamatory, if I issued proceedings against him he would get the proceedings struck out on the...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: Maybe he is on his way.

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I commend Deputy Carthy on managing to talk on to allow Deputy Gannon to get time to come here. I share his objective that we ensure that better protections are provided for those who are targeted by SLAPPs. Fortunately, however, in Ireland we do not experience SLAPPs in the same way as I think other, more populous jurisdictions have experienced them in recent years. Notwithstanding...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I certainly will give more detailed consideration to it in light of what the Deputy said. Dealing with the two examples the Deputy gave, the local shop in most situations, I would have thought, is not a corporate entity but is just owned by the local people. Let us assume that it is a corporate entity and they decided to run the shop under the auspices of a company. Let us say somebody...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I thank the Deputy for the contribution. In a situation like that, if an individual was very associated with a company, the individual could take an action in their own name on the basis that they have been defamed because an entity with which they are very clearly associated, and it is known to the public that they are associated, has been defamed. In that instance, an individual could...

Defamation (Amendment) Bill 2024: Committee Stage (30 Apr 2025)

Jim O'Callaghan: I will be brief. Section 5 is consequential upon what happened to section 4. We voted to retain section 4. I note the opposition of Deputies Gannon and Carthy to section 5, but the fact that section 4 has been approved by the House means that section 5 should stay. I am retaining this section.