Seanad debates

Wednesday, 28 February 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

1:00 pm

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

No, they said they were the servant or agent for the purpose of driving the car because it was a vicarious liability implied by statute. However, they were not authorised to comment on who was to blame and it was not an admission made by the defendant. For example, in the case of an accident if a driver hops out of a bus and says he is sorry, that does not mean CIE has made an admission that it was to blame. However, there are artificialities in all of this but the question is what we are trying to achieve. Are we trying to achieve a position where people deal with each other realistically and decently?

The Law Reform Commission identified this as a problem 16 years ago and this is not being done as an act of abasement by electorally nervous politicians to the media nor is it a case of turkeys voting for Christmas. I would be much happier, if I were defamed, to receive an apology rather than making a trip to the Four Courts and putting massive legal expenses on the hazard one way or the other of obtaining a little decency from a newspaper.

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