Aubrey McCarthy (Independent)

I rise to speak about the Defamation Bill currently before the House. I think it is our final opportunity to deliver a defamation Act that protects the right of ordinary citizens and small business owners across Ireland. For too long, our defamation laws have enabled a culture of vexatious litigation whereby retailers, forecourt operators and restaurateurs are targeted not for wrongdoing but for profit. The statistics show that Ireland has 18 times the number of defamation cases per capita of our nearest neighbours, England and Wales. That is indefensible. The vast majority of defamation litigation in this country is not against the media but against small retailers, forecourt operators, restaurants and bars. Nowhere else in Europe can someone sue for being asked to show proof of purchase, that is, their receipt. We need to move away from that type of nonsense. The legal lobby claims that a harm test would deny access to justice. However, it has been stated in this House that that would actually not be the case and that such a test would in effect restore justice. It would mean nobody would be immune from civil prosecution but no one should be sued for doing no wrong.

As we debate the Defamation Bill this afternoon, we need to address this in the legislation. Ireland's small businesses deserve better than this.