Jim Walsh (Fianna Fail)

This deals with Supreme Court hearings of appeal arising from a jury award, which can vary. It is a significant change from the current situation. The matter may be relevant because of certain headline awards given by juries in cases in recent years.

Where the Supreme Court would hear an appeal and damages in the High Court could be varied, would it have to have regard to section 29 which details the issues the High Court must have regard to when assessing damages? That would be important. The decision of a jury can be considered in the High Court anyway but I have some sympathy with those who argue that a jury hearing the case and granting awards could be set aside by the Supreme Court. Do we need to add to section 29 if the Supreme Court becomes the adjudicating body on the level of damages?

I subscribe to Senator Norris's comments regarding people looking for money and taking cases for that purpose. On the other hand, it can be said equally that the awarding of damages is a deterrent and a policing of standards within the newspaper industry. I would be concerned about anything which could undermine or dilute that as it could have a similar effect in diluting standards within the media.