Results 1,481-1,500 of 1,591 for speaker:Eugene Regan

Seanad: Order of Business (13 Dec 2007)

Eugene Regan: On Senator de Búrca's final point, the group in question is referred to as a "reflective group". There seems to be a suggestion that this group might be somehow undesirable. In that context, one need only consider the achievements of the group chaired by Jim Dooge, former Cathaoirleach of this House. The Dooge report, which was produced by that group, formed the basis of the Single...

Seanad: Order of Business (13 Dec 2007)

Eugene Regan: We have been successful in that regard. However, loose budgetary discipline and uncontrolled expenditure in recent years have brought us back into an era of deficits and increases in the national debt, both in absolute and percentage terms. It is this aspect about which I am specifically concerned and I ask the Leader to arrange a debate on it. I previously called for a debate on standards...

Seanad: European Union Reform Treaty: Statements (12 Dec 2007)

Eugene Regan: I have been involved in European affairs since 1974, and my own personal experience is that Europe has been good for this country. We have found our way in Europe, we can work within the system and it has benefited the country enormously. Fine Gael was unique in embracing integration and has been at all times a consistent supporter of European integration. I pay tribute to people from Fine...

Seanad: Order of Business (12 Dec 2007)

Eugene Regan: On a genuine point of order, I asked for a debate on national finances and the national debt as distinct from the budget. We had a debate on the budget. I know it was not intentional on the part of the Leader but I have asked the Minister to come to the House to discuss the national debt.

Seanad: Order of Business (12 Dec 2007)

Eugene Regan: I wish to refer to one matter which featured last week in the discussion on the budget but which was lost in all the various figures and discussions on expenditure, namely, the very basis of our national finances. After ten years of the Celtic tiger we should not have a national debt. What has featured in the Budget Statement by the Minister is that we have a return to borrowing and an...

Seanad: Order of Business (12 Dec 2007)

Eugene Regan: I say this because it underpins our entire national finances. I call on the Minister to come to the House to address the specific issue of how we are dealing with the national debt, why we are not debt free at this stage and how in terms of budgetary control and value for money we will be able to sustain continuing budgetary deficits as forecast for the coming years.

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

Eugene Regan: The parallel with personal injury actions is not quite correct. The reality is that in personal injury actions, one tries to determine liability for the purpose of securing compensation. In the case of defamation, although there is a general view that an individual who pursues an action in defamation seeks money, the apology and admission that an individual has been defamed is also...

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

Eugene Regan: The correction seems to apply only to declaratory orders. The section refers to where the defendant has no defence to the action, the same wording used in the declaratory order. That is the intention. The prominence of the correction, to which the Minister referred, is appropriate. Is the High Court the only court with the jurisdiction to issue a correction order or would this extend to...

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

Eugene Regan: I concur with Senator O'Donovan's statement. Guidelines are set out in the legislation and it would usurp the function of the courts to include any such provision. It would be inappropriate.

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

Eugene Regan: We must have the courage of our convictions. If we are to establish a press council, we must provide for it to act independently. There is a provision in section 43(5) which states: If the Minister is of the opinion that a body for the time being standing recognised by order under this section no longer complies with the provisions of Schedule 2, he or she may revoke that order. I would...

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

Eugene Regan: I appreciate the Minister's outline of the case law. Mr. Justice Ó Caoimh's statement was obiter dictum to the case and cannot be relied on except in the broadest sense. The matter will be a subject of a Supreme Court ruling soon and that is why I say the law has not been settled. We must be conscious we are adopting legislation that might have constitutional impediment in light of the...

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

Eugene Regan: If this section is maintained, I agree with the amendments tabled by Senators Walsh and Hannigan. They are reasonable amendments to the text.

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

Eugene Regan: I agree with Senator Walsh. The paragraph as written provides that failure to respond in the circumstances outlined in the paragraph shall not entitle the court to draw an inference. This means that if the person in respect of whom the article is being written does not respond, an inference can be drawn. The point that has been made is correct. The general situation is that anyone who has...

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

Eugene Regan: In fairness to the Minister, if after the word "if" it read "including, in the particular circumstances", perhaps it would capture the objection that has been raised.

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

Eugene Regan: I will do so on Report Stage.

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

Eugene Regan: I move amendment No. 28: In page 19, subsection (4)(b), line 36, to delete "out of spite, ill will or". I wonder if the language there is as intended — "bad faith or out of spite, ill will or other improper motive"? I am not familiar with the use of "out of spite" being used in legislation of this nature but I will not necessarily press the matter. I want to comment generally on the section.

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

Eugene Regan: I agree with the Minister that there is no contradiction in this regard. The defence should fail if there is malice, which is not unusual. The criteria by which "reasonable publication" is determined are set out in section 2. It is a different assessment to judge bad faith, improper motive, spite or malice in general. There is not the contradiction to which Senator O'Toole referred.

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

Eugene Regan: Is it clear from this section that the onus is on the defendant to prove that the plaintiff consented to the statement?

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

Eugene Regan: The issue is that the defence of consent would apply only where the plaintiff is apprised of the full extent of the statement which is to be made and which then is the subject of the action. In circumstances where one is doorstepped and asked to accept or reject a cryptic statement that is put forward, the true situation is not covered. Therefore, some elaboration is needed on the consent...

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

Eugene Regan: To deal with Senator Norris' case and the situation that may arise, perhaps another defence should be built in here for the publisher. We have a whole list of defences, but we may need another defence. I will be putting down amendments on Report Stage for this and other sections of the Bill. We are agreeing to these sections on the basis that further amendments will be submitted on Report...