Jim Walsh (Fianna Fail)

Senator Maurice Hayes claims if we do allow this provision, a person can proceed with a case, no matter the costs. The person ultimately will be faced with costs if they lose their case.

Section 27(4) states, "The defendant shall not be required to admit liability in an action for damages for defamation when making a payment to which this section applies." This should be amended to "the defendant shall be required to admit liability". If we fail to do this, a person's reputation only applies in selected cases. It is inserting an element of gamble in the legislation which should not be allowed in cases where a person has been defamed. It is the most offensive section in the Bill. It will make it impossible for people to get satisfaction from a court case unless they have significant financial resources to follow the case. A simple amendment will not take from the rights of the media.

It was suggested the press would not be happy with a change to this provision. If we are prescribing legislation just to keep the press happy, we are taking the wrong route.