Jim Walsh (Fianna Fail)

We are entitled to debate it. This is an important matter that goes to the kernel of the debate. Section 26(2) states:

Upon an application under this section, the court shall make a declaratory order if it is satisfied that—

(a) the statement is defamatory of the applicant and the respondent has no defence to the application,

(b) the applicant requested the respondent to make an apology, correction or retraction in relation to that statement, and

(c) the respondent failed or refused to accede to that request.

The court must establish these conditions before it can proceed with the declaratory order. As night follows day there should be a system or another forum where there is a limit to compensation. I understand the thrust of the comments of the Minister of State about the declaratory order. I have not heard any argument that drafting legislation to provide for such a forum is beyond our remit and our wit.