Brian Lenihan Jnr (Dublin West, Fianna Fail)

As I explained on Committee Stage, to accept this amendment would be to overturn the very essence of the reforming modernisation of our law on defamation — to maintain a connection between a lodgement and a failure to accept liability. Subsection (4), which Senator Walsh proposes to amend, is a critical component of the section in that it ensures both parties to an action are placed on an equal footing at the commencement of the hearing. Senator Walsh's amendment would have the effect of reverting to the previous position which would require the defendant to admit liability in offering a lodgement prior to a court hearing.