Seanad debates

Wednesday, 28 February 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

1:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

Senator Norris has made some valid points in this regard. It probably tilts the balance too greatly in favour of the newspapers. All Members want fair play for the ordinary Joe Soap who is defamed. I have no problem with the amendments tabled by Senator Norris that include the word, "automatically" although I am unsure whether that will make much difference in interpretation. However, Senator Norris made it clear that if Members are to prevent people from continuing with litigation, we should not be seen to be acting against the ordinary citizen. He or she may not have sufficient money to fight a case.

I take Senator Maurice Hayes's point that this provision pertains to those for whom an apology would suffice. While all would be well in such a case, they should have the opportunity to proceed with litigation. I do not consider the issue of evidence of apology to be correct. More thought should be put into it before Members proceed in this regard.

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