Brian Lenihan Jnr (Dublin West, Fianna Fail)

The reason the terms "applicant" and "respondent" are used in section 26 is that the proceedings in question fall short of an action for defamation in respect of which damages may be awarded. Under section 26(8), no order in regard to damages shall be made when an application for a declaratory order is made. Accordingly, the decision was made that the appropriate titles of the parties are "applicant" and "respondent" rather than "plaintiff" and "defendant". I understand this mirrors the practice in the courts. In other words, when a person is applying for an order rather than seeking damages, he or she is known as an applicant and, consequently, the defendant is known as a respondent.