Michael McDowell (Dublin South East, Progressive Democrats)

I apologise for forgetting to deal with that issue. Subsection (3) is designed to state that this is only available to a defendant at the very beginning. One cannot submit a defence stating that this is not defamatory, it is true or it did not refer to the plaintiff, and then decide to consider pulling the rug from under the plaintiff. At a late stage in the proceedings when a person has set out the defence, he or she cannot then go back to the offer to make amends. However, it does not prevent a person from settling an action or from compromising an action on terms.