Eugene Regan (Fine Gael)

The parallel with personal injury actions is not quite correct. The reality is that in personal injury actions, one tries to determine liability for the purpose of securing compensation. In the case of defamation, although there is a general view that an individual who pursues an action in defamation seeks money, the apology and admission that an individual has been defamed is also important. The lodgement can distort the position and lead to a situation where one is, in a sense, done out of the opportunity to secure a determination as to the defamation by virtue of the costs, risks, etc., in pursuing the action. There is a risk that the lodgement system could distort the process. I appreciate that the Law Reform Commission and, to a certain extent, the courts have criticised the fact that there is no provision for a lodgement without an admission of liability. There is a risk in this provision, however, and I reserve my position in terms of tabling an amendment on Report Stage.