Results 12,481-12,500 of 16,537 for speaker:Brian Lenihan Jnr

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

Brian Lenihan Jnr: Senator Norris's amendment on this section is not as fundamental as his previous one and might not require a vote. However, the point being raised is whether the membership of the Press Council can be made compulsory. In providing for the circumstance in which a matter of public interest can be a fair and reasonable publication, the section goes on to state, at subsection (2)(f): in the...

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

Brian Lenihan Jnr: That is a unique gift.

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

Brian Lenihan Jnr: I understand what Senators seek to do, although they have not passed the parliamentary draftsman yet. I notice Senator Regan proposed to delete the section which should not have happened. It is important to have paragraph (g) in the section because it is a protection. The paragraph states: . . . the extent to which the plaintiff's version of events was represented in the publication...

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

Brian Lenihan Jnr: Senator Callely referred to private lives, an issue which will arise on many sections of the Bill. In the context of this section, however, it is proposed in the Government amendment to delete the reference to "public importance" and insert the words "public interest". This is a much stronger phrase because it clearly implies that there is a distinct private sphere which is not of public...

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

Brian Lenihan Jnr: By definition, the attempt must be made in advance. Obviously, the criterion of reasonableness will govern how far in advance the attempts were made. I see some merit in examining whether we can include the plural in this context but it would have to be by way of separate expression.

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

Brian Lenihan Jnr: The purpose of this subsection is to make it clear that the failure or refusal of a plaintiff to respond to attempts by or on behalf of the defendant to elicit the plaintiff's version of events shall not imply consent to the publication or entitle the court to draw an inference. That is the fundamental purpose of this subsection and I have no difficulty with that. In fact, the additional...

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

Brian Lenihan Jnr: Perhaps the Senator would table an amendment to that effect.

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

Brian Lenihan Jnr: On Senator Hannigan's amendment, in a sense it might have been grouped with the earlier amendments because I have agreed to revisit the issue whether there should be a number of attempts to obtain a response. On Senator Regan's point, the wording "out of spite, ill will" is not surplus as it makes the defence stricter and for those reasons I would retain it.

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

Brian Lenihan Jnr: This is a matter of defence not of claim. I expressed my view earlier that I must view this defence with some suspicion given it is a judicial innovation, and I am anxious to have it restricted and limited as much as is practicable. Truth should be at a premium in defamation proceedings. This creates an occasion of qualified privilege where matters of public interest are concerned. It is...

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

Brian Lenihan Jnr: In reply to Senator O'Toole, the crucial point is that we are allowing a defence even though there is an untruth. Senator O'Toole is impressed that we have introduced concepts of fairness and reasonableness. They are being allowed to qualify an individual's reputation and to permit the publication of untruth. It is important that strict qualifications be placed on this facility.

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

Brian Lenihan Jnr: The reason the terms "applicant" and "respondent" are used in section 26 is that the proceedings in question fall short of an action for defamation in respect of which damages may be awarded. Under section 26(8), no order in regard to damages shall be made when an application for a declaratory order is made. Accordingly, the decision was made that the appropriate titles of the parties are...

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

Brian Lenihan Jnr: If Senator Regan wishes to table an amendment, I will it consider it sympathetically. This is a new provision and was not included in the 1961 Act. Therefore, Senators are entitled to question its meaning, as they are to question the meaning of anything that is put before them. However, specifically, they should raise any concerns they have about this section. I will examine the issue the...

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

Brian Lenihan Jnr: In what section is this?

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

Brian Lenihan Jnr: It has always been part of the common law. All we are seeking is a codification of that, which is an expression of what is the current law in statutory form. I cannot see that it prejudices the parties to a legal action.

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

Brian Lenihan Jnr: I could give many examples of persons who tell lies.

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

Brian Lenihan Jnr: Not this afternoon. I will return to the subject on Report Stage if the Senator wishes to table an amendment.

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

Brian Lenihan Jnr: Legal professional privilege prevents me from comprehensively answering the Senator's question.

Written Answers — Garda Stations: Garda Stations (6 Dec 2007)

Brian Lenihan Jnr: The programme of replacement and refurbishment of Garda accommodation around the country is based on agreed priorities established by An Garda Síochána in consultation with the Garda representative associations. The programme is progressed by the Garda authorities working in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of...

Written Answers — Departmental Meetings: Departmental Meetings (6 Dec 2007)

Brian Lenihan Jnr: I propose to take Questions Nos. 219 and 220 together. I can confirm that my Department has a management advisory committee with whom I meet on most weeks, or as required. My special advisor normally also attends these meetings. I also of course meet on an ongoing basis with Department officials to discuss relevant matters as necessary.

Written Answers — Ministerial Staff: Ministerial Staff (6 Dec 2007)

Brian Lenihan Jnr: The position is that there is one Special Advisor in my Department. There are no Programme Managers or Policy Assistants. The Special Advisor is not a Civil Servant.