Seanad debates
Tuesday, 11 March 2008
Defamation Bill 2006: Report and Final Stages
4:00 pm
Eugene Regan (Fine Gael)
This amendment reflects a concern I expressed on Committee Stage. The Minister indicated at the time that it is a question of the retrospective nature of the legislation. Section 3(2) currently states:
A provision of this Act shall not affect the operation of the general law in relation to defamation, in force immediately before its commencement, except to the extent that that provision provides otherwise (whether expressly or by necessary implication).
I wonder whether the final sub-clause needs to be included. When the Minister explained the position on the last occasion, he said he would be happy to ask the Office of the Parliamentary Counsel to examine the issue I raised. I wonder whether the position has changed as a result of that reflection.
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