Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I am conscious that this is the first time Senator Conway has spoken on this grouping of amendments.

At the end of his contribution, Senator McDowell mentioned that insurance companies are dictated to by the bottom line, and he is absolutely right about that. However, as legislators, we cannot be dictated to by people whose only interest is the bottom line. We need to enact legislation that balances constitutional rights. Simply because insurance companies decide to pay out because it suits their commercial interest, that is not a factor on which we should be deciding proposed legislation.

Senator Nelson Murray gave the example of somebody walking up and down an aisle. At present, that is fully protected. If somebody walks up the aisle, puts something in their pocket, takes it out, puts it back again and a shopkeeper stops them, the shopkeeper is perfectly entitled to do that at present. At times in the debate, this may not be apparent but I am putting in a further provision to give retailers even further protection. Sometimes, listening to some of the objections from the lobby groups might make one think I am reducing the protections available to retailers. I am increasing the protections for retailers. If people do not want it, I will take out the section, but I think this section will provide even greater protection to retailers because it includes, for the first time, a specific statutory defence entitling them to ask questions about somebody. Even if the worker in the shop is wrong and the person does not have an object in their possession, the worker is still protected because of this statutory defence.

Senator Conway asked if I could give a guarantee that costs will decrease. My assessment of it is that the reduction of juries, the efficiencies introduced in the system and the strengthening of defences available to retailers will result in a reduction of costs.

The Senator also spoke about defamation online. As I said earlier, the elephant in the room here is defamation that is happening online. I know Senator Nelson Murray referred to them, but the number of defamation claims in Ireland is small. Where defamation really operates in Ireland is online, with the vast amounts of defamatory publications put out by individuals about Irish citizens. We really need to be focusing on the type of remedy we can provide for them.

That is all I want to say on these amendments. I am happy for them to be put to a vote.