Seanad debates

Wednesday, 21 March 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

1:00 pm

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

I am a little mystified by the reaction to Senator Maurice Hayes's amendment. I am speaking to the Government amendment which is preferable. Even though it has been praised by Senator Norris, Senator Hayes's amendment No. 23 would have the effect of removing entirely subsection 28(2) from the Bill and therefore remove the capacity of the court to specify the time or date or the form or content. In those circumstances the Government amendment No. 26 is preferable. It states:

In page 22, subsection (2), lines 7 and 8, to delete paragraph (a) and substitute the following:

"(a) specify—

(i) the date and time upon which, or

(ii) the period not later than the expiration of which,the correction order shall be published, and".

Section 28(2)(b) states: "the form, content, extent and manner of publication of the correction". This will stand in the Bill after the Government amendment is made but it would not stand if Senator Hayes's amendment were made.

Senators Jim Walsh and Norris were being unduly generous in their praise for Senator Hayes because he was in fact proposing a——

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