David Norris (Independent)

I see. My point falls between the two sections and this is presumably the only time when I will have a chance to make it. I was indicating that a new subsection should state: "Where the defendant relies upon truth as a defence, he or she should be obliged in the pleadings containing the defence to set out the facts upon which they will rely in the defence."

I will make two points which should appeal to the Minister. This would enshrine in legislation what is a reasonably general practice in the courts. It also gives the verifying affidavits, about which the Minister spoke so eloquently on the previous occasion, considerably greater relevance regarding trial.

Will the Minister consider inserting between sections 14 and 15 a new subsection containing this stipulation, essentially that there should be a recital of the facts upon which the defence will rely? It is fair practice and it occurs regularly in the courts. It would also strengthen the case made by the Minister, which I queried, about the verifying affidavits.