Seanad debates
Tuesday, 4 December 2007
Defamation Bill 2006: Committee Stage
5:00 pm
Alex White (Labour)
With respect, it does not arise in the debate on this section. The Minister can clarify the issue in due course. The issue raised by Senator Walsh may be legitimate in terms of his concerns about cross-examination, although I share the view of Senator Norris on that aspect, but I wonder whether it arises under this section. The section deals with verifying affidavits, which are quite confined. We are familiar with them in personal injuries actions. The plaintiff is simply required to swear an affidavit stating that everything in the pleadings is the truth. The reason the person can be cross-examined flows from that because an affidavit is evidence. Such people are cross-examined on the veracity of what they said in their main pleadings, which are the main documents in the action. A verifying affidavit does no more than simply state that what has been put forward is truthful.
No comments