Frank Fahey (Galway West, Fianna Fail)

The intention in section 26 is to provide a clear indication to a potential applicant that he or she might seek the new relief of a declaratory order. Thus, the section provides that such orders should be sought in the High Court. This is not an issue of jurisdiction. There is no benefit to providing that such orders should be sought in the Circuit Court. The District Court does not have jurisdiction in hearing actions for defamation as it is very likely that any such decision there would be appealed to the High Court. This would not be a particularly desirable outcome. Therefore, amendment No. 21 is opposed.

Amendment No. 30 is unnecessary as it is clear from the text of section 32, which concerns an order prohibiting the publication of a defamatory statement, that the Circuit Court has jurisdiction to hear such an application if the action has been brought there. Therefore, amendment No. 30 is also opposed.