Frank Fahey (Galway West, Fianna Fail)

That is the point. Section 27 brings defamation proceedings into line with other actions for damages by allowing the defendant to lodge in court, with the defence, a sum of money in satisfaction of the plaintiff's claim. This lodgement may be made without admission to liability. Section 3 is intended to facilitate a plaintiff who may wish to ensure that some measure of public recognition attaches to the fact that the defendant was willing to settle the case before the trial or action was concluded.

The legal advisory group on defamation was strongly of the view that it was entirely appropriate that defendants in defamation proceedings should be able, along with their defence, to lodge a sum of money in court in satisfaction of the plaintiff's claim regardless of whether liability is admitted or denied. Some plaintiffs will be content simply to take up the lodgement. However, the group also acknowledged, particularly where the defence of truth was pleaded, that other plaintiffs may wish for some additional element which will help them to vindicate in a more public way the choice which they have made. The group recommended that the new defamation legislation should permit plaintiffs to inform the court formally of the fact that they have accepted the lodgement and of the consequences for them of the resolution of the defamation proceedings. This could provide the vindication element which might otherwise be missing. This does not, however, require the defendant to also give an apology.

The reform of the lodgement in court procedure in regard to defamation has the potential to make a significant impact on the law of defamation in that it is likely to encourage the early settlement of actions and help reduce legal costs.