Seanad debates

Tuesday, 11 March 2008

Defamation Bill 2006: Report and Final Stages

 

6:00 pm

Photo of David NorrisDavid Norris (Independent)

I move amendmentNo. 41:

In page 22, line 37, to delete "shall give directions" and substitute "may advise".

This is the question of the judge "shall give directions" to the jury in the matter of damages. That is pretty authoritarian and again we have gone through all this on Committee State. However, I want to table it again. The judge "may advise" would be much preferable as far as I am concerned because it is not so authoritarian. They should not give directions but rather advise because it seems to me that we are second-guessing the jury. Let the judge advise. Any sensible jury would take very much into consideration the advice of the judge, but to give directions undercuts the role of the jury and that is regrettable.

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