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Seanad: Order of Business (8 Apr 2008)

Eugene Regan: It is insulting and ignorant.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (11 Mar 2008)

Eugene Regan: I thank the Minister of State for his patience this evening and for taking on board many of the amendments dealt with previously in the Dáil. It made it easier for us to resolve many issues even though we had a protracted debate on some of them. I appreciate the Minister of State's indulgence.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (11 Mar 2008)

Eugene Regan: I support this amendment and the previous one proposed by Senator Kelly, which it mirrors. As I said on Committee Stage, there is a lacuna in terms of the protection of the victims of trafficking. It is suggested that this will all be dealt with in the immigration Bill, but that does not deal with the position of people who are trafficked, particularly from Eastern Europe, which accounts...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (11 Mar 2008)

Eugene Regan: It is true that amendments proposed by Senators Mullen and O'Toole hijack this Bill to a certain extent. In fairness, the trafficking Bill is dealing with exploitation of different varieties, including sexual exploitation. The Minister has accepted an amendment in the Bill to the effect that those who avail of sexual services from a person who has been trafficked are guilty of an offence....

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

Eugene Regan: I move amendment No. 54: In page 28, to delete lines 34 to 47 and in page 29, to delete lines 1 to 12. This amendment is concerned with the novel provision that a cause of action for defamation can survive one's death. I wonder whether this is a matter that would be best dealt with by the Press Council rather than legislation. I am not sure it is practical or reasonable. It carries with it...

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

Eugene Regan: I am moving the amendment and am asking the Minister to consider it. I put it in reasonable terms whether there is an alternative way of dealing with the issue contained in this section. That is why I proposed its deletion. I suggest it might be better to have it dealt with by the Press Council on issues that arise of the type that has motivated this section.

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

Eugene Regan: I hope I have made myself clear.

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

Eugene Regan: That is not what I am proposing. I am not sure that is the implication of the acceptance of the amendment. If I understand the initiative set out, it is to provide for the survival of a cause of action on death. Perhaps the Minister can clarify that.

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

Eugene Regan: And vice versa. I believe this is what is provided for in the Bill, if I understand it correctly.

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

Eugene Regan: That is correct.

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

Eugene Regan: Does the Minister understand my suggestion now.

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

Eugene Regan: Preserving the cause of action after death is cumbersome and problematic. It is problematic from a legal point of view and for the surviving family because that is the corollary of the section. This is why I proposed its deletion and suggested that a reformulation where this type of matter could be dealt with by the Press Council might be a more appropriate procedure.

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

Eugene Regan: I thank the Minister for devoting so much time to the Seanad on the Bill and for being patient with the various amendments tabled. I thank him for taking on board some of the suggestions made. There were some suggestions made today which, I hope, will be reflected in the revised Bill. On behalf of the Fine Gael group, I express appreciation for the manner in which the Minister conducted...

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

Eugene Regan: I respectfully disagree with the Minister. The matter should be left to the courts because there is at issue here the interpretation of the Constitution and the balancing of the rights of freedom of expression and privacy. This is the fundamental reason it is not appropriate at this juncture to insert the defence. This does not negate the evolution of the common law and jurisprudence. The...

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

Eugene Regan: This section replaces the defence of "fair comment". Fair and reasonable comment on a matter of public interest is what is being replaced. My concern relates to the issue of reasonableness. I have simply tried to refine the drafting, not delete it. I suggested a number of changes that would introduce reasonableness or objectiveness into the wording. Take, for example, where the defendant...

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

Eugene Regan: I move amendment No. 16: In page 16, line 42, after "apology" to insert the following: "of equal prominence in the publication to contain the apology to that of the original statement". These amendments should, perhaps, be taken in combination with Government amendment No. 18. I have suggested that where there is an apology, it should be given equal prominence to the original alleged...

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

Eugene Regan: I welcome the fact that the Minister addressed the prominence of the apology, which was an issue raised by me and other Senators on Committee Stage. Time is of the essence in terms of the meaningfulness of an apology. The formulation I proposed in amendment No. 20 has a lighter touch than that suggested by Senator White. It refers to a period within 30 days from the date of the written...

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

Eugene Regan: I move amendment No. 25: In page 18, to delete lines 35 to 45, to delete page 19 and in page 20, to delete lines 1 to 10. I raised this matter on Committee Stage during the discussion of the defence of fair and reasonable publication on a matter of public interest. The justification for introducing this defence in the Bill is that it is settled law in this jurisdiction. We have had some...

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

Eugene Regan: I move amendment No. 1: In page 7, lines 1 and 2, to delete all words from and including "except" in line 1 down to and including "implication)" in line 2.

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

Eugene Regan: This amendment reflects a concern I expressed on Committee Stage. The Minister indicated at the time that it is a question of the retrospective nature of the legislation. Section 3(2) currently states: A provision of this Act shall not affect the operation of the general law in relation to defamation, in force immediately before its commencement, except to the extent that that provision...

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