Malcolm Noonan (Green Party)

My colleague has spoken more broadly on the provisions of the Bill. I will speak specifically to the EU anti-SLAPP directive. While provisions of the Bill give effect to aspects of the EU anti-SLAPP directive, and its application to domestic defamation cases is welcome, it falls short of transposing the directive's full set of minimum standards and protections, which Ireland is legally required to implement in full by May 2026. The anti-SLAPP provisions in the Bill apply only to defamation proceedings, even though SLAPPs frequently exploit other causes of action, including privacy, copyright and data protection to intimidate and silence public interest speech. The Government has provided no clear explanation of how it intends to extend protections beyond defamation in line with other EU obligations.

The legislation also omits key components of the directive that could have been readily included. These include provision for third-party interventions in support of SLAPP defendants - Article 9; security for damages - Article 10; and reversal of the burden of proof - Article 12. The legislation also fails to incorporate the protections against SLAPPs initiated in non-EU countries - Articles 16 and 17. By failing to incorporate these core safeguards the Irish Government exposes itself to potential infringement proceedings from the European Commission. The Government could and should have drawn on the established international best practices, including the Council of Europe's recommendation on countering the use of SLAPPs. This recommendation includes vital safeguards such as automatic stay of proceedings while an early dismissal motion is being heard, which are designed to protect against abuse of litigation.

As the Bill goes through today, the Cross-Party Group supports organisations calling for the Houses to make necessary amendments to ensure that Ireland seizes the opportunity to protect freedom of expression. Public participation should be the cornerstone of our democracy.