Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am not sure the section has as wide a scope as suggested by Senator O'Toole. I do not believe it deals with the issue of class action. From what I understand from the report of the Law Reform Commission, the issue raised in this section is an attempt to put clothes on the definition on how one has proof of reference to a particular plaintiff, an issue arising in many libel actions.

For example, if a defamatory statement was made claiming a Member of the Seanad, who was a former staff member of Trinity College, Dublin, was seen in a corrupt transaction with a builder, clearly there is proof of reference to Senator Norris. I accept it may also include Senator Bacik but I am still becoming familiar with the new Members. That is the issue the section addresses. It is not addressing the more general question raised by Senator O'Toole. Our courts, and those in England, have been somewhat reluctant about this, while it has been resorted to more extensively in the United States of America.