Seanad debates

Tuesday, 20 February 2007

Defamation Bill 2006: Committee Stage

 

4:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I also have concerns about this section. I compliment Senator Norris on his research, especially on the case two years ago. It appears to be a complete U-turn on what happened under the same Minister and Government.

We were brought up to believe a jury's decision was sacrosanct but in this section we are saying the Supreme Court can overrule the decision of any jury on damages. It is a dangerous road to travel because if we do it about damages the Supreme Court might be called upon to overrule court decisions on other matters.

I would like to hear the Minister's comments because the Government has done a complete U-turn within two years on this. If it were another Government that had taken this stance, it would be understandable but the same Government is adopting a different stance. We see it regularly but on this occasion an explanation is needed.

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