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

I thank the Leas-Chathaoirleach. I am very pleased to be back in Seanad Éireann on Committee Stage of the defamation Bill. As the Leas-Chathaoirleach indicated, when I finished on the previous occasion I was dealing with amendment No. 11 from Senator Keogan, which was an amendment to section 19 in respect of the anti-SLAPP provisions within the legislation. As I indicated on the last occasion, I am seeking to transpose into the defamation Bill the defamation aspects of the SLAPP directive to ensure that the directive will apply in this legislation to any proceedings that are brought in defamation which violate the principles of the directive.

The SLAPP directive specifically directs focus to the intent behind proceedings, rather than their effect. It defines abuse of court proceedings against public participation as proceedings that "have as their main purpose the prevention, restriction or penalisation of public participation". The Bill's definition uses almost exactly that wording. Adopting a different definition, such as the one suggested by Senator Keogan which focuses on the effect rather than the purpose, risks causing legal confusion and uncertainty and may not correctly transpose the directive. Senator Keogan's amendment also narrows an important potential indicator of SLAPP proceedings, which may often involve multiple lawsuits or threats of lawsuits against the one individual. This is recognised as a feature of SLAPPs, not only by the European Union in the directive but also by the Council of Europe in its recommendation on SLAPPs. For those reasons, I regret to say that I consider it important that we retain that reference in Part C. I cannot accept her amendments Nos. 11 or 12.

I am conscious the Leas-Chathaoirleach said that I was dealing with amendments Nos. 11 to 19, inclusive, which have been grouped. I am aware that Senators Stephenson, Higgins and Ruane also have amendments in respect of that. If they would like to speak, maybe I should hear them in the first instance.