Jim Walsh (Fianna Fail)

As I said yesterday, I appreciate the Minister's comments on lodgments. However, we should examine this further. If an appeal is based on the substantive issue of defamation, the costs will accord with the decision of the Supreme Court in this regard. Nobody can argue with that. However, an appeal based only on the award of damages exposes the plaintiff, who has succeeded in vindicating his or her good name, to a financial loss.

Will the Minister consider before Report Stage whether provision can be made whereby costs would not be borne by the plaintiff where the appeal relates only to the award of damages? If necessary, this could be ameliorated such that the costs would fall individually to the parties concerned and could not be claimed by one against the other. I understand this would be an unusual legislative provision. However, I am seriously concerned that a person who vindicates his or her good name in court should incur significant costs where the defendant, who has been found guilty, appeals the award granted. That is unfair.