Brian Lenihan Jnr (Dublin West, Fianna Fail)

Section 29 updates the existing provisions, contained in the 1961 Act, in respect of the award of damages. The parties in a defamation action may now make submissions to the courts regarding damages and various matters are set out in that regard. Section 29(2) is a critical element of the Bill, which requires that where a defamation action is brought in the High Court, the judge shall give directions to the jury in the matter of damages. The jury then must make its own decision.

Section 29(2) is an essential part of the Bill and I do not understand why the amendment proposes that the provision it contains should be weakened. The approach taken in the subsection is very much in line with the recommendations of the Law Reform Commission and the legal advisory group. Senator Norris, who originally tabled the amendment, is seeking to substitute the term "may advise" for that of "shall give directions". However, it is always the function of a trial judge to give directions to a jury. That is how lawyers formulate the matter. I take it Senator Norris is concerned that we are weakening the function of juries in respect of this matter. However, I do not believe that the formula used does so.