Results 11,181-11,200 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I did not expect such a welcome for a matter I thought was an exercise in common sense. I must warn Senator O'Toole that we still have three offences in the Constitution and out of respect for the Constitution I am obliged to provide penalties for those offences. All of those offences are subject to the sanction of the High Court before the offence can be prosecuted or proceeded with, which...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: It is Senator Regan's amendment.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: He seems to express a reluctance about it, which I share.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I see.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: If we deleted these sections, a cause of action could accrue in respect of defamation of a deceased person. That is the effect of the amendment proposed by Senator Regan, as I understand it.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: So a defamation action will survive the person's death and the next of kin or executor can sue in the name of the deceased person and recover damages for that person's estate?

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Does the Senator want to delete this?

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: The provisions in section 38 are a modest advance on the current legal position whereby a cause of action ceases on the alleged defamed person's death. Subsection (2) provides that a cause of action vested in a person immediately before his death shall survive for the benefit of his estate. However, monetary damages are not recoverable. Only special damages could be recovered. Subsection...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I do.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I misunderstood the Senator because of the reference to the Press Council. I now see exactly what his intention is. It is a new amendment that was not raised on Committee Stage. However, it is interesting and I must reflect on it. I will bring forward proposals in the other House if necessary.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: This matter was discussed on Committee Stage. Section 43 provides for the making of an order of recognition conferred on the independent Press Council provided it meets the standards set down in Schedule 2 to the Bill. The section requires both Houses of the Oireachtas to consider the matter. The order of recognition cannot be made without the approval of both Houses. The Senator proposes...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I note from the Bill that the Press Council comprises 13 members. I hope that is not an unfortunate portent for its future.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I subscribe to that superstition and I have never attended a political meeting of 13 within my organisation or created an entity of 13 within my organisation or party. Of course I have had to attend public meetings with 13 present. Senator Mullen has made an interesting point, worthy of examination and support. Some legislation provides for a quorum or at a minimum envisages the fixing of...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I thank Senators for the very detailed consideration they gave this legislation. Towards the end of the life of the last Seanad a debate was initiated which excited great interest in this Bill. While I will not repeat my view of the Bill, it is a progressive and codifying measure. I hope it leads to a better relationship between the press and the people for the future. I found the...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Several issues arise in regard to this section. My comments on Committee Stage were precisely that and were made in the context of a proposal that we should not legislate in this area. Senator Regan has restated that proposal in advocating that we simply delete the section and do not address this issue. I disagree. Senator Regan referred to pending legislation before the Supreme Court,...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Senator Mullen referred to that. I was open in my attitude to this Bill which was introduced to this House in the lifetime of the previous Seanad. On my appointment as Minister, I decided to review it. This included a process of consultation with interests in the legal profession many of whom take the views put forward by Senators Norris, Mullen and Walsh. I also met representatives of...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I have reflected further on the proposal Senator Walsh made on Committee Stage and again today and am happy to say that essentially I am accepting his amendment through my amendment No. 33. Section 24(3)(b) as drafted provides that a court shall not draw an inference from a plaintiff's failure or refusal to respond to attempts by the defendant to elicit the plaintiff's version of events....

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: We are still on section 24, of course. The Seanad has already amended the Bill and accepted a Government amendment, after the hullabaloo, which has provided "the extent to which the plaintiff's version of events was represented in the publication concerned and given the same or similar prominence as was given to the statement concerned" and "if the plaintiff's version of events was not so...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Section 26 provides for the making of a declaratory order by the court that the statement of a respondent is false and defamatory. Subsection (2) provides that the court shall make the order if it is satisfied on the basis of conditions set out and is consequential on acceptance of amendment No. 18. The effect of the amendment is that an apology in the context of a request by an applicant...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: As I explained on Committee Stage, to accept this amendment would be to overturn the very essence of the reforming modernisation of our law on defamation — to maintain a connection between a lodgement and a failure to accept liability. Subsection (4), which Senator Walsh proposes to amend, is a critical component of the section in that it ensures both parties to an action are placed on an...