Jim O'Callaghan

Is that the definition of "periodical"?

I thank Deputies for their contributions. I will try to deal with the issues they raised. Deputy Carthy spoke about the definition of "periodical" in section 3. I am happy to give consideration to an amendment, if the Deputy tables it on Report Stage, which he has indicated he will do. At present, however, I am not fully aware of the detail of what he proposed but, as I said, I will give consider…

I am not looking around for entities that are supportive of this but there clearly are. Deputy Sherlock previously mentioned ISME. I suspect ISME is important but they are not the guiding people. I do not look for outside bodies to dictate to me as to what I should or should not do in the Houses of the Oireachtas. Ultimately, it was in the Fianna Fáil manifesto, it is part of the programme for Gov…

I will be brief. Section 5 is consequential upon what happened to section 4. We voted to retain section 4. I note the opposition of Deputies Gannon and Carthy to section 5, but the fact that section 4 has been approved by the House means that section 5 should stay. I am retaining this section.

One of the issues that was considered by the Department was whether we would include in the legislation a serious harm test as at present applies in England and Wales. It was decided that it would not be introduced or proposed in respect of personal plaintiffs, people who claim that they were defamed. The reason it was not proposed to look for a serious harm test is that the experience in the Unit…

I certainly will give more detailed consideration to it in light of what the Deputy said. Dealing with the two examples the Deputy gave, the local shop in most situations, I would have thought, is not a corporate entity but is just owned by the local people. Let us assume that it is a corporate entity and they decided to run the shop under the auspices of a company. Let us say somebody suggests th…

I thank the Deputy for the contribution. In a situation like that, if an individual was very associated with a company, the individual could take an action in their own name on the basis that they have been defamed because an entity with which they are very clearly associated, and it is known to the public that they are associated, has been defamed. In that instance, an individual could take a def…

This section proposes an amendment to section 17 of the Defamation Act. That section sets out what is protected by the defence of absolute privilege. For instance, any statement made in this House is absolutely privileged. No matter what Deputy Carthy were to say about me, even if it were grossly defamatory, if I issued proceedings against him he would get the proceedings struck out on the basis t…

Maybe he is on his way.

I commend Deputy Carthy on managing to talk on to allow Deputy Gannon to get time to come here. I share his objective that we ensure that better protections are provided for those who are targeted by SLAPPs. Fortunately, however, in Ireland we do not experience SLAPPs in the same way as I think other, more populous jurisdictions have experienced them in recent years. Notwithstanding that, it is i…

I might respond formally to Deputy Gannon's amendments. I understand the purpose of amendment No. 3 would be to delete the reference to "manifestly unfounded" contained in section 34E of the proposed Part 4A. Section 34E transposes Article 11 of the directive under which a court may strike out proceedings that have been initiated against a person on account of their engagement in public participa…

I move amendment No. 6: In page 16, lines 10 to 12, to delete all words from and including “under” in line 10 down to and including line 12 and substitute “to which Schedule 2 refers, or”. This group of amendments makes changes to section 18 of the Bill, which concerns alternatives to legal proceedings. Amendments Nos. 6 and 7 make minor drafting changes to sections 34I and 34J. Amendments Nos. …

I move amendment No. 7: In page 16, lines 35 to 38, to delete all words from and including “(if” in line 35 down to and including line 38 and substitute “his or her compliance with subsection (1).”.

I move amendment No. 8: In page 16, between lines 38 and 39, to insert the following: “(3) If the originating document referred to in subsection (2) is not accompanied by a statutory declaration made in accordance with that subsection, the court concerned shall adjourn the proceedings for such period as it considers reasonable in the circumstances to enable the practising solicitor concerned to …

I move amendment No. 9: In page 16, line 39, to delete “(3)” and substitute “(4)”.

I move amendment No. 10: In page 16, after line 40, to insert the following: “Effect of specified ADR procedures on limitation periods 34K. In reckoning a period of time for the purposes of any limitation period under section 11 of the Act of 1957 applicable to the bringing of a defamation action, the following periods of time shall be disregarded: (a) where a complaint is made to the Press Co…

I move amendment No. 11: In page 17, line 2, to delete “34K.” and substitute “34L.”. Amendments Nos. 11 to 13, inclusive, adjust references to reflect the inclusion of the new section 34K.

I move amendment No. 12: In page 17, line 29, to delete “34L.” and substitute “34M.”.

I move amendment No. 13: In page 17, line 30, to delete “section 34K(1)(a)” and substitute “section 34L(1)(a)”.

I move amendment No. 14: In page 18, between lines 2 and 3, to insert the following: “Circuit Court identification order The Principal Act is amended by the insertion of the following section after section 44: “45. (1) The Circuit Court (in this section referred to as the ‘court’) shall have jurisdiction to hear and determine an application in accordance with this section. (2) An application …

I thank Deputy Carthy for his contribution. This is probably the most consequential amendment we have discussed this evening. It will probably be of the most assistance to people in Ireland who are concerned and affected by defamation. As I said, the most common form of defamation in Ireland is not carried out by the media. In fact, the media are much more careful and responsible than in the vast …

As that is the last section, may I identify some provisions I may bring forward on Report Stage?

I wish to indicate to the House that I intend to bring forward some further amendments, about some of which we are not yet clear as to the exact placing within the Bill. Those amendments will include an amendment to provide for clearer and simpler defence of fair and reasonable publication in the public interest, which is particularly important to protect responsible public interest journalism, a …

That has not been set yet.

That is incorrect.