Michael McDowell (Dublin South East, Progressive Democrats)

It would be a usurpation of the jury's function to say a case is worth €45,000, not a penny more nor less, and to direct the jury to give that amount. On occasion, the Court of Criminal Appeal has reversed directions by trial judges not to acquit someone because that is a jury function. It is not the function of a judge to tell jurors to write "Guilty" in a box on the jury paper. We are dealing with a function I want to leave with juries, namely, to determine compensatory damages in defamation cases.

Senator Norris raised a point, albeit in terms with which I would not like to associate myself. He asked what would happen if a judge sues. Is it not far more appropriate that 12 ordinary Joe and Josephine Soaps decide what a judge gets than another judge?