Brian Lenihan Jnr (Dublin West, Fianna Fail)

We have had a very wide-ranging debate on this section and it has afforded Senators an opportunity for a quasi-Second Stage debate. I will add my tuppence worth.

On the net issue of the section, I have indicated to Senators that I am anxious to reconsider the section in terms of its consequence for an order for costs in the Supreme Court. That issue should be examined. It is desirable that we have a section confirming the appellate powers of the Supreme Court in this area.

It is also important that if the Supreme Court is to substitute a verdict for the verdict of the jury in the High Court — a power it has and which we are confirming in the legislation — there should not be serious implications for costs for a plaintiff who has succeeded in the High Court action. I am prepared to review the matter on Report Stage.

On the wider matters raised, Senator Norris referred to judicial authorities in connection with the jury and the central function of the jury in our law of defamation. I stated yesterday that the Supreme Court has confirmed that the jury is an appropriate constitutional tribunal for vindicating the reputation of the citizen, and that is not an issue in the legislation. The right of a citizen in Ireland to have his or her reputation vindicated before a jury is carefully protected and preserved in this legislation.

That a jury verdict can be appealed to the Supreme Court is also a well-established feature of our legal system and it is not proposed to change this. The courts and the Supreme Court have tended to view the verdicts of juries with great respect and Senator Norris — I was going to say Judge Norris — quoted an authority to that effect, which is as it should be. He also referred to judgments regarding the question of feelings. The point I made about feelings is that they are not the gist of the action. It is not possible to sue for hurt feelings in our law — it is possible in some other legal systems. It is necessary to establish an element of falsity or rather the newspaper must disprove the falsity of the statement on which the plaintiff is suing.