Brian Lenihan Jnr (Dublin West, Fianna Fail)

The provisions in section 38 are a modest advance on the current legal position whereby a cause of action ceases on the alleged defamed person's death. Subsection (2) provides that a cause of action vested in a person immediately before his death shall survive for the benefit of his estate. However, monetary damages are not recoverable. Only special damages could be recovered. Subsection (3) provides likewise in respect of the alleged defamer. Should he be deceased, the cause of action survives against his estate, which is appropriate. My instinct is to preserve these particular provisions as they stand. They seem to be a reasonable compromise on this issue. I apologise for not understanding what Senator Regan said initially.