Brian Lenihan Jnr (Dublin West, Fianna Fail)

This amendment proposes the deletion of section 7(13), the purpose of which is specifically to disallow the application of the section in the context of declaratory order provisions. In other words, one will not need a verifying affidavit in such cases. The reason for this measure is that it is clear that applications for declaratory orders are not the same as normal defamation actions — no damages can be sought, for example. Any application for a declaratory order must be grounded in an affidavit. This is specifically provided for in section 26(5). The requirement that the applicant for the declaratory order has to give some sworn averment is provided for in section 26(5), which states that any "application under this section shall be brought by motion on notice to the respondent grounded on affidavit". Section 7 sets out the position in the case of a plaintiff in a defamation action who serves a pleading containing assertions of fact and the pleadings which are exchanged in a claim for damages. The issue is addressed in a different section of the Bill.