Brian Lenihan Jnr (Dublin West, Fianna Fail)

The new tort of defamation is defined in section 5 of the Bill. It states:

The tort of libel and tort of slander . . . shall cease to be so described, and . . . shall, instead, be collectively described, and are referred to in this Act, as the "tort of defamation".

When one is transiting from a particular cause of action to another, it is desirable that it be done in clear language in a clear section and not referred to in an interpretation section of an Act and nor should it find its foundation in the interpretation section of an Act. Hence the definition section simply states that defamation "shall be construed in accordance with section 5(2)" because this new tort is created by section 5(2).