Jim Walsh (Fianna Fail)

I very much welcome the final comments of the Minister. I hope when we come to it we will find a way to address it. In all this we need to have a level playing pitch. This matter has arisen because of the case involving Mr. Denis O'Brien, where the Supreme Court referred the matter back to the High Court and there was an increased award of damages the second time around. Everybody felt the damages were very high. In recent days the newspapers referred to Mr. O'Brien's involvement in a €200 million deal. While I would not argue this case normally as these people are well able to look after themselves, for a person operating at that level, the financial implications are very high if his reputation is tarnished as a consequence of published articles.

Regarding what Senator Alex White said, while I am aware the Supreme Court does not take any new evidence, it would be very important that all the evidence presented in the High Court should be considered and taken on board.

My main point to the Minister is as follows. I have serious concerns about the matter and I am glad that he is to revisit it. As I interpret this provision a scenario could arise that an individual could go to the High Court, be found by the jury to have been seriously defamed and be awarded, for example, €100,000. Subsequent to the case in the High Court, the defendant might decide to appeal only the extent of the awarding of damages, which would be his or her right. The Supreme Court might decide the award should not be €100,000 but might agree the person was defamed and might award damages of €80,000. As I understand it, the costs would follow the decision. The defendant having been successful in the overall case and successful in his or her application to the Supreme Court in having the damages reduced, the award of costs would go against the plaintiff and perhaps put him or her at a financial loss, even though he was awarded €80,000. This is manifestly unfair, if my reading is correct.

I fully subscribe to the sentiments expressed by the Minister with regard to the lodgement and those same sentiments must be applied because this should not be allowed happen. I know this would be at variance with what normally happens when appealing a case to the Supreme Court but it shows the complexity of what is being undertaken in this Bill and how a defamed person could be disadvantaged by a technicality in the case where a jury makes an award which is reduced marginally on appeal to the Supreme Court. As a consequence, the defamed person is out of pocket in an attempt to protect his or her reputation and this is wrong.