Seanad debates
Wednesday, 21 March 2007
Defamation Bill 2006: Committee Stage (Resumed)
4:00 pm
Maurice Cummins (Fine Gael)
Judicial discretion has been much discussed, particularly in the past week. However, I do not wish to discuss any case in particular. Perhaps a quantum could be arrived at regarding the amount that could be given for libel. If this is possible, the provision of some guidelines to that effect to a jury could be the solution. However, I do not favour giving total discretion to judges in this instance. In general, juries have done a fine job in the vast majority of cases and any discretion to be given should go to juries. Perhaps judges could provide guidelines rather than directions to them. Perhaps common ground can be reached and Members can attain their goal by finding a form of words. However, in this instance I have grave difficulties regarding directions from judges.
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