Sharon Keogan (Independent)

I welcome the Minister into the Chamber again and thank him for coming in so many times to listen to Senators while we scrutinise this legislation. I express my deep concern about the direction the Government is taking with the Defamation (Amendment) Bill 2024. This is not a reform Bill; it is a retreat from fairness, transparency and the rights of ordinary people.

Let us begin with the business community. ISME, which represents small and medium enterprises throughout the country, has called this Bill bad law. It warns that it fails to cap damages, introduce a serious harm threshold and protect retailers from speculative claims. It is not alone. Retailers, hoteliers and shopkeepers are all saying the same thing. This Bill will not reduce litigation abuse; it will entrench it.

Let us talk about SLAPPs, strategic lawsuits against public participation. These are lawsuits designed not to win but to silence, to punish people for speaking out, and they are happening here in Ireland. We have seen journalists dragged through the courts for reporting on corruption. We have seen whistleblowers threatened for exposing wrongdoing and survivors of sexual abuse warned that if they speak publicly, they could be sued. This is not justice; it is intimidation.

This Bill introduces a weak test of "manifestly unfounded". It does not go far enough. It does not reverse the burden of proof or stay proceedings to prevent legal costs from piling up. It does not empower courts to penalise abusive plaintiffs. The Ireland anti-SLAPPs network and ISME have both called for stronger protections. Why are we ignoring them?

Let me give a hypothetical but all too real example. A woman is assaulted by a powerful man. She does not go to the Garda. She is afraid, ashamed and unsure she will be believed. Years later, she speaks out online. She does not name the man but he sues her anyhow. Under this Bill, unless she can prove the case is manifestly unfounded, she will be dragged through the courts. She will face legal bills, public scrutiny and the very real possibility of financial ruin. That is the reality this Bill fails to confront.

What of the jury? The Irish Council of Civil Liberties, ICCL, the Law Society and retired High Court judge Bernard Barton have all warned against removing juries from defamation trials. Juries are not a relic, they are safeguard. They are the people's voice in the courtroom. Removing them is not reform, it is regression.

I must raise a question that many are thinking but few are willing to say out loud. Is there a conflict of interest at the heart of this Bill? The Minister, Deputy O'Callaghan, and Attorney General, Rossa Fanning, have both earned substantial sums from defamation litigation. Deputy O'Callaghan, a senior counsel, has represented high-profile clients in major defamation cases.