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Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

David Norris: I thank the Minister for having read the previous debate and for making this clarification. I was one of those who raised the question of the obscurity of the language and I am glad he is operating in this fashion.

Seanad: Order of Business (5 Dec 2007)

David Norris: Hear, hear.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: On the issue of the Supreme Court second-guessing a jury, I refer to the words of the then Chief Justice, Mr. Finlay, in Barrett v. Independent Newspapers Limited that the assessment by a jury of damages for defamation has an "unusual and emphatic sanctity". This is an interesting point to bear in mind. While I will not rehearse everything I said on this matter on a previous occasion, I draw...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: I support Senators Walsh and Donovan on a point, to be fair, which was raised by the Minister. It appears wrong that if a person gets an award and appeals it, he or she may be seriously penalised despite having won in the first case. The example from the figures given by my two colleagues was very persuasive. The notion of lodging money into court introduces a slightly indecent element of...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: Yes, but they do not always have the best. There is no question that the newspapers can always afford the best. There is a disproportion there.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: I am surprised a member of the Labour Party would support multinational corporations in the way the Senator has.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: Socialism is changing and I know there is a middle way and a new Labour.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: I am on the side of the small person in this.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: They must be defended. I welcome Senator O'Donovan's honesty in saying what we all know, that this Bill is a result of intensive lobbying by media interest and the press barons. The politicians, by and large, have strong and serious reservations about it. I hope the Minister will be in a position to take on board at least some of the amendments put before the House today.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: I have experienced a gross obfuscation of my views. It should be a lesson to us all.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: I hope the Senator is not using it there as well.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: I understand other speakers discounted the notion of feelings altogether.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: This point goes to the matter of the press council. The Minister raised the matter of apology. A few years ago, The Sun newspaper was admonished very strongly by the British Press Complaints Commission for publishing particular photographs of Princess Diana. The Sun dutifully published the PCC's judgment and then republished the offending pictures under the heading "This is what all the...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

David Norris: This section relates to the reliance on a defence of truth. I made a point during the Second Stage debate and I regret that I did not table an amendment. I wish to signal that I will table such an amendment on Report Stage. Truth is the very best defence because nobody could possibly object to newspapers publishing truth however painful it might be for the person embarrassed or...

Seanad: Order of Business (5 Dec 2007)

David Norris: I have consulted my distinguished colleague, Senator O'Toole. If the Defamation Bill goes through, Members who feel aggrieved about the comments on this morning's radio programme can take a class action.

Seanad: Order of Business (5 Dec 2007)

David Norris: Yes. However, I think it is unlikely. I heard the programme, but was not particularly offended by it. It was not of great significance.

Seanad: Order of Business (5 Dec 2007)

David Norris: One could not be if one was on this side and in this position at the back.

Seanad: Order of Business (5 Dec 2007)

David Norris: Given that No. 13, motion 2 in the names of the Independent Senators is concerned with the regrettable state of many hostels in terms of health and safety, could Seanad Éireann take note of the report on safety and fire issues that has been discussed widely this morning? Some hostels have no fire escapes. I have repeatedly stated it is a tragedy waiting to happen. I welcome that there was...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

David Norris: I am grateful to Senator Mullen because he has solidified my opposition to section 11. I recall the case of a middle aged couple in the United States who made statements about McDonald's. That company harassed them through the courts to such an extent that although they felt justified in their claims — and, in my view, every word they said was true——

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

David Norris: ——McDonald's was able to use its financial strength against these people and they eventually ran out of money and were absolutely banjaxed. I sympathise with Senator O'Toole but I understood the issues he raised are covered under section 9 which deals with the defaming of a class of persons.

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