Seanad debates

Tuesday, 4 December 2007

Defamation Bill 2006: Committee Stage

 

4:00 pm

Photo of Ivor CallelyIvor Callely (Fianna Fail)

I am dealing with that. In general I favour giving guidelines to a jury on the level of damages. Information does not fetter discretion. If this is perceived as a more active approach by the judge, it is in the interest of justice. While the Legislature could legislate, in the absence of more guidelines, it would help juries and the administration of justice. Guidelines would assist in achieving consistent and comparable decisions, which would enhance public confidence in the administration of justice. There is a benefit to the administration of justice in such an approach while maintaining the paramount position of the jury in determining the damages. Specific information would aid decision-making and the maintaining of an appropriate relationship with the award of damages in other areas. Such information as is deemed appropriate could be given more specific guidelines. Ms Justice Denham suggested that information of previous awards in libel cases made or affirmed by the Supreme Court should be given to the jury. She also suggested that the jury should be able to compare the value of what courts usually award——

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