Seanad debates

Wednesday, 28 February 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

12:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

One must read sections 20 and 21 together. Section 21 states:

If an offer to make amends under section 20 is accepted the following provisions shall apply:

(a) if the parties agree as to the measures that should be taken by the person who made the offer to ensure compliance by him or her with the terms of the offer, the High Court or, where a defamation action has already been brought, the court in which it was brought may, upon the application of the person to whom the offer was made, direct the party who made the offer to take those measures;

(b) if the parties do not so agree, the person who made the offer may, with the leave of the High Court or, where a defamation action has already been brought, the court in which it was brought, make a correction and apology by means of a statement before the court in such terms as may be approved by the court and give an undertaking as to the manner of their publication;

(c) if the parties do not agree as to the damages or costs that should be paid by the person who made the offer, those matters shall be determined by the High Court or, where a defamation action has already been brought, the court in which it was brought, and the court shall for those purposes have all such powers as it would have if it were determining damages or costs in a defamation action... .

One must examine both sections together to see what happens if there is agreement or disagreement.

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